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post collection activity after Chapter 13 dismissal.
I had a client helpfully provide me a page printed out from the internet
showing that if I properly completed the exemptions for their case that none
of their property would be at risk of liquidation. The internet knows
everything!*
*except legal advice
** except how to avoid generalities
*** except how to apply law to facts
_____
The post was migrated from Yahoo.
Patricia, your client is legally incorrect, as Mark points out. Every creditor retains the same rights against the dismissed debtor that it had prior to the bankruptcy.
Practicality is a different story. Even debt collectors lose the records that remind them to collect on a debt after four years of inactivity. In my experiences working out debt, I have seen some collectors just stop caring about a particular debt after a long time.
Bottom line: he may be correct about some of the creditors, although the only way to find out is to let time go by and see who tries to enforce their rights. No way to predict who will stop caring, and you certainly don't want to inquire about it.
- John D. Faucher
818/889-8080
________________________________
To: cdcbaa@yahoogroups.com
Sent: Thursday, May 1, 2014 9:20 AM
Subject: Re: [cdcbaa] post collection activity after Chapter 13 dismissal.
See 11 U.S.C. 108(c)
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Mark J. Markus
Law Office of Mark J. Markus
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web: http://www.bklaw.com/
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On 5/1/2014 9:07 AM, patricia said wrote:
his case is dismissed, since it was filed almost 4years ago, the unsecured creditors will no longer try and collect from him. He owes a substantial amount of credit card debt, some of which was transferred to the debt buyers.
>Is his assumption correct or mere wishful thinking.
>Pat Said.
>
>Patricia Said
>Attorney at Law
>13443 McCormick Street
>Sherman Oaks, CA 91401
>(818)789-0781 fax (818)789-5820
>patriciahsaid@yahoo.com
>
>
>This electronic message contains information from the Law Office ofPatricia Said whichmay beprivileged and confidential.>
>The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.
The post was migrated from Yahoo.
Since when does a client give legal advise
I would urge you to look up the case and verify the information. Then verify the last payment and last usage of the account. Use those dates along with the Bk dates to see if the debt is still collectable!
Jonathan Leventhal, Esq.
Leventhal Law Group, P.C.
818-347-5800
Date:05/01/2014 9:07 AM (GMT-08:00)
To: consumer bk group
Subject: [cdcbaa] post collection activity after Chapter 13 dismissal.
I have a Chapter 13 client who says if his case is dismissed, since it was filed almost 4 years ago, the unsecured creditors will no longer try and collect from him. He owes a substantial amount of credit card debt, some of which was transferred to the debt buyers.
Is his assumption correct or mere wishful thinking.
Pat Said.
Patricia Said
Attorney at Law
13443 McCormick Street
Sherman Oaks, CA 91401
(818)789-0781 fax (818)789-5820
patriciahsaid@yahoo.com
This electronic message contains information from the Law Office of Patricia Said which may be privileged and confidential.
The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.
Since when does a client give legal advise
I would urge you to look up the case and verify the information. Then verify the last payment and last usage of the account. Use those dates along with the Bk dates to see if the debt is still collectable!
Jonathan Leventhal, Esq.
Leventhal Law Group, P.C.
818-347-5800
-------- Original message --------
Date:05/01/2014 9:07 AM (GMT-08:00)
To: consumer bk group
Subject: [cdcbaa] post collection activity after Chapter 13 dismissal.
The post was migrated from Yahoo.
sed, since it was filed almost 4years ago, the unsecured creditors will no longer try and collect from him. He owes a substantial amount of credit card debt, some of which was transferred to the debt buyers.
Pat Said.
Patricia Said
Attorney at Law
13443 McCormick Street
Sherman Oaks, CA 91401
(818)789-0781 fax (818)789-5820
patriciahsaid@yahoo.com
This electronic message contains information from the Law Office ofPatricia Said whichmay beprivileged and confidential.
The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.
The post was migrated from Yahoo.