In California, Every Judge is an Island.
One day, while I was sitting in Bankruptcy Court in Los Angeles waiting for a confirmation hearing, several cases were called before mine in which the debtor’s attorney did not realize they had to file an Adversary Proceeding to Strip the Second Mortgage or have to file a Declaration Re: Post-Petition, Pre-Confirmation Mortgage Payments.
The attorneys answered the Judge that they did not have to do this in the Riverside Bankruptcy Court where they normally practice.
In Riverside, there are some specific requirements in order to get your case confirmed or motion granted, that are not followed in the Los Angeles Bankruptcy Court or sometimes not by other Judges even in Riverside.
The Honorable Bankruptcy Judge Wayne Johnson, in particular, requires a specific Declaration re: Mortgage Payments for the prior 6 months to confirm a Chapter 13 case. This Declaration is not required by any other Bankruptcy Judge in Riverside or Los Angeles.
My point is that many Bankruptcy Judges have their own rules that you must follow.
Some of the Judges rules and requirements are found in the Local Rules or under the Judge’s information at www.cacb.uscourts.gov. However, sometimes these rules are not written or published anywhere.
Finding a Bankruptcy attorney familiar with the local practice and local Judges and Trustees is important, especially when dealing with Motions or Chapter 13 cases.
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