Motion to Re-Consider in Chapter 13 Bankruptcy

MOTION TO RE-CONSIDER

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF

MOTION TO RE-CONSIDER

COMES NOW, as Trustee for the Manufactured Housing Contract Pass Through Certificate Series 1991-A (hereinafter ""), a creditor in the above-styled and numbered bankruptcy proceeding, appearing by and through the undersigned, its attorney of record, and files this, its Motion to Re-Consider Orders Overruling Objection to Confirmation and Motion for Relief From the Automatic Stay and for Other Relief, and in support thereof would show unto this Honorable Court as follows, to-wit:

JURISDICTION

1.

This Court has jurisdiction over this Motion proceeding and it is a core proceeding in accordance with the provisions of 28 U.S.C. 157.

PARTIES

2.

is a corporation organized and existing under the laws of the State of , with its principal place of business in , .

3.

(the "Debtor") is the Debtor in this proceeding pursuant to a Petition for Relief under Chapter 13 of Title 11, United States Bankruptcy Code, filed by her on . The Debtor may be served with a copy of this Motion at her mailing address, and through her attorney, , , (address).

4.

is the Trustee in this proceeding pursuant to appointment by the United States Trustee in accordance with the law who may be served with process at Post Office Box , , (address).

5.

is the Assistant United States Trustee for Region 5 which encompasses the United States Bankruptcy Court District for the District of who is appointed in accordance with law and may be served with process of this Motion at , , , .

BASIS FOR RELIEF

6.

On or about , served both its Objections to Confirmation of Chapter 13 Plan and its separate Motion for Relief From the Automatic Stay and for Other Relief in the above referenced matter. On , the Clerk of the Court provided Notice that a hearing on both Objection to Confirmation and Motion For Relief From the Automatic Stay and for Other Relief were scheduled for a.m. on . The Notice from the Clerk further provided that the last day for Responses to said Motions was .

7.

counsel failed to appear at the hearings scheduled for 10:00 a.m. on Tuesday, . As a result, the Court entered orders denying Objection to Confirmation without prejudice and denying Motion For Relief From the Automatic Stay and for Other Relief without prejudice.

8.

The failure of counsel to personally appear at the scheduled hearings was the result of excusable neglect. Prior to receiving Notice of the hearings in this case, GECC had received Notice of a hearing on the Motion for Relief From the Automatic Stay and for Other Relief he filed on behalf of in the bankruptcy case of and , Case No. . Both the hearings in the instant case and the cases were scheduled for 10:00 a.m. on in . As a result, the hearings in the instant case were added to the existing notation on counsel's electronic calendar regarding the hearing. Subsequently, counsel and counsel reached agreement on Motion for Relief From the Automatic Stay and for Other Relief in that case and the notation on the calendar of counsel for the hearing scheduled for 10:00 a.m. on was deleted. Apparently, this deletion also inadvertently deleted the reference to the hearings in the instant case.

9.

Furthermore, counsel did not actually receive the Responses of Debtor to the Objection to Confirmation and the Motion for Relief From the Automatic Stay and for Other Relief filed in this matter until sometime around a.m. on the morning of . At the time the Responses were received, counsel for reviewed his file to determine the hearing date because no hearing was noted on his calendar. At this time, counsel first discovered that the scheduled hearing had been inadvertently deleted from his calendar and that he had missed the scheduled hearing. Upon learning this fact, counsel contacted both the Court and Debtor's attorney. Court personnel informed counsel that the Objection to Confirmation and Motion for Relief From the Automatic Stay and for Other Relief had been denied without prejudice as a result of the failure of counsel to appear.

10.

This Court should re-consider the Orders entered on Objection to Confirmation and Motion for Relief From the Automatic Stay and for Other Relief and said Orders should be modified, changed or amended to provide that Objection to Confirmation and Motion for Relief From the Automatic Stay and for Other Relief are not denied and that hearings are rescheduled for the earliest possible date.

11.

Failure of the Court to re-consider its Orders and to re-set the hearings on GECC's Objection to Confirmation and Motion for Relief From the Automatic Stay and for Other Relief may result in extreme prejudice to . The deadline for filing Objections to Confirmation was and has already passed. Objection to Confirmation was filed timely and if the Court does not re-consider its Orders and re-set a new hearing date, may now be precluded from objecting to Debtor's plan. should not be require to suffer such consequences as the result of excusable neglect on the part of its counsel.

12.

Furthermore, Debtor has meritorious objections to confirmation of Debtor's plan and a legitimate basis for lifting the stay. Debtor has no ownership interest in the collateral subject to security interest, is not listed as a borrower on the contract and is no listed as the owner on any title. The property securing the indebtedness to is not a part of the estate of the Debtor. Debtor is wrongfully withholding property to which is entitled. Moreover, even if she did have an ownership interest in the property, the security for the indebtedness is not necessary for an effective reorganization and there is no equity in said collateral for the use and benefit of the estate, the unsecured creditors or the Debtor herein. Furthermore, the interest of in its collateral is not being adequately protected.

WHEREFORE, PREMISES CONSIDERED, , as Trustee for the Manufactured Housing Contract Pass Through Certificate Series 1991-A, prays that upon a notice and hearing hereof, this Honorable Court will (i) re-consider its Orders denying, without prejudice, Objections to Confirmation of Chapter 13 Plan and Motion for Relief From the Automatic Stay and for Other Relief and (ii) enter Orders providing that s Objections to Confirmation of Chapter 13 Plan and Motion for Relief From the Automatic Stay and for Other Relief are not denied and that hearings thereon be held at the earliest possible date. also prays for such other relief as is just and proper in the premises.

DATED, this the day of , 20.

CERTIFICATE OF SERVICE

I, , do hereby certify that I have this day mailed by United States mail, postage prepaid, a true and correct copy of the above and foregoing Motion to Re-Consider to:

DATED, this the day of , .