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Assuming non-residential leases in Ch. 13
In Chapter 11, it's very clear that a nonresidential lease must be assumed
in 120 days or 210 days if the Court grants an extension (and even later
than that if the landlord is willing to wait). The basis for this is
365(d)(4). Chapter 13 is the wild west but I don't see how you get around
the rule.
If I was representing a debtor in a Chapter 13, and I thought the Plan
would not be confirmed in 120 days, I would file a motion to assume the
lease.
Why would a landlord move for RFS if the Debtor is current? That's some
sophisticated landlord! If you delve deeper, I am sure you will find there
is more to this story.
If it turns out this landlord is unreasonable and taking an aggressive
position, you might consider bringing in Jon to do some wheeling and
dealing. I saw him enter a case where the commercial tenant was already
evicted and the landlord *hated* the former tenant. Next thing you know the
tenant is back in the property and continues to remain there! Very
impressive.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
On Mon, Mar 9, 2015 at 2:30 PM, Catherine Christiansen
christiansenlaw@yahoo.com [cdcbaa] wrote:
>
>
> Do you have a VZ case? I usually work the assumption informally with the
> creditors attorney and include in the plan, but if you have a Judge that
> schedules confirmation a long way out you may want to contact the Ch 13
> Trustee. Nancy's office will recommend a case that is ready for an earlier
> confirmation date.
>
>
> Law Office of Catherine Christiansen
> Certified Specialist, Bankruptcy Law, The State Bar of California Board of
> Legal Specialization.
>
>
>
>
> On Monday, March 9, 2015 2:23 PM, "'Mark J. Markus' bklawr@yahoo.com
> [cdcbaa]" wrote:
>
>
>
> Then what happens if the plan is not confirmed in 120 days?
>
> On 3/9/2015 2:21 PM, Catherine Christiansen christiansenlaw@yahoo.com
> [cdcbaa] wrote:
>
> Put the lease assumption in the plan.
>
>
> Law Office of Catherine Christiansen
> Certified Specialist, Bankruptcy Law, The State Bar of California Board of
> Legal Specialization.
>
>
>
>
>
> On Monday, March 9, 2015 1:52 PM, "'Mark J. Markus' bklawr@yahoo.com
> [cdcbaa]" wrote:
>
>
>
> What is the procedure for assuming an unexpired nonresidential real
> property lease in a Ch. 13?
>
> In a Chapter 11 we file a Motion to Assume, but I suspect that in a 13
> it's sufficient to put into the Plan that the lease is being assumed.
>
> The problem with that (it seems to me) is that the assumption must occur
> within 120 days after the order for relief (used to be 60 days). And
> since there's no guarantee the Plan will be confirmed by then, perhaps a
> separate motion is required.
>
> I'm asking because a debtor in a Ch. 13 called me saying that the landlord
> just got relief from stay to evict her from her business premises and the
> court granted it because the lease had not been assumed.
>
> So it got me thinking...
>
> Anyone with Ch. 13 experience in this area?
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be used,
> and cannot be used, for the purpose of (i) avoiding penalties under the
> Internal Revenue Code or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed in this communication.
>
>
>
>
>
>
>
>
In Chapter 11, it's very clear that a nonresidential lease must be assumed in 120 days or 210 days if the Court grants an extension (and even later than that if the landlord is willing to wait). The basis for this is 365(d)(4). Chapter 13 is the wild west but I don't see how you get around the rule.If I was representing a debtor in a Chapter 13, and I thought the Plan would not be confirmed in 120 days, I would file a motion to assume the lease.Why would a landlord move for RFS if the Debtor is current? That's some sophisticated landlord! If you delve deeper, I am sure you will find there is more to this story.If it turns out this landlord is unreasonable and taking an aggressive position, you might consider bringing in Jon to do some wheeling and dealing. I saw him enter a case where the commercial tenant was already evicted and the landlord hatederty and continues to remain there! Very impressive.Sincerely,Michael Avanesian, Esq.erif">AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
On Mon, Mar 9, 2015 at 2:30 PM, Catherine Christiansen christiansenlaw@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
Do you have a VZ case? I usually work the assumption informally with the creditors attorney and include in the plan, but if you have a Judge that schedules confirmation a long way out you may want to contact the Ch 13 Trustee. Nancy's office will recommend a case that is ready for an earlier confirmation date.
Law Office of Catherine Christiansen
Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
On Monday, March 9, 2015 2:23 PM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
Then what happens if the plan is not confirmed in 120 days?
On 3/9/2015 2:21 PM, Catherine Christiansen christiansenlaw@yahoo.com [cdcbaa] wrote:
Put the lease assumption in the plan.
Law Office of Catherine Christiansen
Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
On Monday, March 9, 2015 1:52 PM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
What is the procedure for assuming an unexpired nonresidential real property lease in a Ch. 13?
In a Chapter 11 we file a Motion to Assume, but I suspect that in a 13 it's sufficient to put into the Plan that the lease is being assumed.
The problem with that (it seems to me) is that the assumption must occur within 120 days after the order for relief (used to be 60 days). And since there's no guarantee the Plan will be confirmed by then, perhaps a separate motion is required.
I'm asking because a debtor in a Ch. 13 called me saying that the landlord just got relief from stay to evict her from her business premises and the court granted it because the lease had not been assumed.
So it got me thinking...
Anyone with Ch. 13 experience in this area?
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
The post was migrated from Yahoo.
Put the lease assumption in the plan.
Law Office of Catherine Christiansen
Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
On Monday, March 9, 2015 1:52 PM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
What is the procedure for assuming an unexpired nonresidential real property lease in a Ch. 13?
In a Chapter 11 we file a Motion to Assume, but I suspect that in a 13 it's sufficient to put into the Plan that the lease is being assumed.
The problem with that (it seems to me) is that the assumption must occur within 120 days after the order for relief (used to be 60 days). And since there's no guarantee the Plan will be confirmed by then, perhaps a separate motion is required.
I'm asking because a debtor in a Ch. 13 called me saying that the landlord just got relief from stay to evict her from her business premises and the court granted it because the lease had not been assumed.
So it got me thinking...
Anyone with Ch. 13 experience in this area?
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
The post was migrated from Yahoo.