Lydia J Santana

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UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
LOS ANGELES DIVISION
In re:
LYDIA J. SANTANA,
Debtor(s).
Case No. 2:14-bk-30432-VZ
Chapter 7
ORDER VACATING ORDER IMPOSING
SANCTIONS AGAINST COUNSEL FOR
LATE OPPOSITION AND TAKING
HEARING ON RECONSIDERATION
OFF CALENDAR
Hearing:
Date: February 24, 2015
Time: 11:00 a.m.
Place: Courtroom 1675
Pending before the court is the Order Imposing Sanctions against Counsel for
Debtor for Late Opposition to Motion for Relief from Stay (“Order Imposing Sanctions”).
ECF 16. The court had imposed sanctions against counsel for debtor, Daniel King,
because counsel did not offer adequate explanation as to his failure to file a timely
opposition to the motion, to file an application for leave to file a late opposition, or to
request a continuance of the hearing as the opposition was filed 10 days late and only
four days before hearing without leave of court.
FILED & ENTERED
FEB 17 2015
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY DEPUTY CLERK	bakchell
Case 2:14-bk-30432-VZ Doc 27 Filed 02/17/15 Entered 02/17/15 14:05:46 Desc
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Seeking reconsideration of the court’s sanctions order, counsel for debtor has
since filed a declaration (ECF 18) explaining his attempts to contact counsel for movant
and to request a continuance of the hearing. While the declaration explains counsel’s
failure to file a timely opposition or request a continuance and the court believes that
under Local Bankruptcy Rule 9013-1, counsel still should have either filed a timely
opposition, or an application for leave to file a late opposition and/ or a request for
continuance based on the debtor’s motion to convert the case to Chapter 13, the court
determines that the need for sanctions is obviated because counsel for debtor and
counsel for movant have resolved the stay relief motion consensually, which eliminated
the need for a second hearing on the motion, which was the basis for the court to
sanction counsel for debtor to compensate movant for having its counsel to appear at a
second hearing. Since there will be no second hearing on the motion necessitated by
counsel for debtor’s filing a late opposition, the court determines that sanctions are not
warranted under these changed circumstances.
Accordingly, IT IS HEREBY ORDERED that the Order Imposing Sanctions against
Counsel is vacated and the hearing on the reconsideration of the Order currently set for
February 24, 2015 at 11:00 a.m., is taken off calendar. No appearances are required on
February 24, 2015.
IT IS SO ORDERED.
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Date: February 17, 2015
Case 2:14-bk-30432-VZ Doc 27 Filed 02/17/15 Entered 02/17/15 14:05:46 Desc
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