Motion for Relief Day with Judge Robert Kwan

I spent an hour or so this morning in Judge Robert Kwan’s courtroom.  He had about 30 stay relief motions that he went through fairly quickly.  He continued 5 or 6 matters because there were no tabs on the pleadings he received.  What is surprising about that is that 6 out of 30 is 20% of all the motions.  The judges complain about this so often I would have been surprised if it was 6 in a month.  Also, he was continuing matters where he was not sure if the junior lienholders had been properly noticed.  He wants the address on the FDIC website if it’s a bank; he doesn’t want to depend on the address in the debtor’s schedules.  Finally, he was asking questions about the chain of title documents, i.e., the assignment of the note.  He questioned one attorney asking who the “declarant” was as the motion simply said something like “Asset Manager” and he quite properly asked, “Asset Manager for whom.”  On one motion he wanted a recorded copy of the trust deed.  The point is he is sua sponte reviewing the supporting documentation creditors are putting in these motions to make sure there is sufficient foundation even where there is no objection by the debtor.  Nice.

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