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Adequate time to cure discharge violation?
Reply-To: Gaurav Datta
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To: cdcbaa@yahoogroups.com
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The debt was assigned in 2013 to Pacific Credit Exchange and the assignee is the one enforcing he garnishment. I'm assuming the fact that PCE is merely an assignee does not absolve them of liability here.
Sent from my iPhone
> On May 21, 2015, at 10:19 PM, Mark Jessee jesseelaw@aol.com [cdcbaa] wrote:
>
> Yes, no harm in asking if the creditor was listed with a correct address and presumably the attorney for the judgment creditor was notified as well. If they don't pay you can evaluate whether to pursue an OSC. There was no excuse for the garnishment if the judgment creditor was properly noticed. That is a willful violation of the discharge injunction. I assume no notice of stay was filed in the superior court on behalf of the debtor when the chapter 7 was filed if a writ of execution was issued to garnish, but if one was then the garnishment is particularly egregious.
>
> Mark Jessee
>
> Sent from my iPhone
>
>> On May 21, 2015, at 12:02 PM, Gaurav Datta gdatta@gmail.com [cdcbaa] wrote:
>>
>>
>> Is it fair to demand my fees and costs that my client has incurred so far with the demand to return the garnished wages as well?
>>
>> Gaurav Datta, Esq.,LL.M
>> 444 W. Ocean Blvd, Suite 1401
>> Long Beach, CA 90802
>> Phone: 562-435-9062
>> Fax: 562-281-6158
>> www.dattalawgroup.com
>>
>> "My formula for success is rise early, work late, and strike oil."
>> - J. Paul Getty
>>
>>
>>> On Thu, May 21, 2015 at 11:27 AM, 'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa] wrote:
>>>
>>> If you can reach the responsible person by telephone and follow up with a faxed letter, you could request a shorter deadline (perhaps 48 hours) for written confirmation that judgment creditor acknowledges the discharge violation and is willing to stop the garnishment and refund the wrongfully garnished funds. The relevant factor is communication with the creditor regarding the issue and an indication of the creditor's willingness to comply.
>>>
>>> Peter M. Lively, J.D., M.B.A.
>>> Law Office of Peter M. Lively * Personal Financial Law Center I
>>> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
>>> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310) 391-2462
>>>
>>>
>>>
>>> On Thursday, May 21, 2015 10:52 AM, "'Stella Havkin' havkinlaw@earthlink.net [cdcbaa]" wrote:
>>>
>>>
>>>
>>> 7 days is a reasonable tim.e
>>>
o:cdcbaa@yahoogroups.com]
>>> Sent: Thursday, May 21, 2015 9:40 AM
>>> To: cdcbaa@yahoogroups.com
>>> Subject: [cdcbaa] Adequate time to cure discharge violation?
>>>
>>>
>>> Hi all,
>>>
>>> I have a client who filed for a Chapter 7 Bankruptcy in 2005 and was discharged in 2006 in a no asset case. She had a judgment against her from 2004. She is now being garnished by the judgment creditor, who was listed in the bankruptcy, and is struggling to pay bills. She not only needs the garnishments to stop immediately, but she really needs her garnish funds to be returned to her ASAP so she can afford to pay rent for next month.
>>>
>>> I am writing a demand letter with the threat of bringing an OSC motion in bankruptcy court if they don't comply. How much time is adequate time to cure in the eyes of the judges in CDCA (this is an orange county case but the judge, JR, is no longer on the bench down there)???
>>>
>>> I would hate to make the demand, take this to court, and then get the matter kicked out because I didn't give them adequate time. On the other hand, she really needs her money back now. She's a single mom with 3 kids and barely makes ends meet as it is.
>>>
>>> Gaurav Datta, Esq.,LL.M
>>> 444 W. Ocean Blvd, Suite 1401
>>> Long Beach, CA 90802
>>> Phone: 562-435-9062
>>> Fax: 562-281-6158
>>> www.dattalawgroup.com
>>>
>>> "My formula for success is rise early, work late, and strike oil."
>>> - J. Paul Getty
>
>
If you can reach the responsible person by telephone and follow up with a faxed letter, you could request a shorter deadline (perhaps 48 hours) for written confirmation that judgment creditor acknowledges the discharge violation and is willing to stop the garnishment and refund the wrongfully garnished funds. The relevant factor is communication with the creditor regarding the issue and an indication of the creditor's willingness to comply. Peter M. Lively, J.D., M.B.A. Law Office of Peter M. Lively * Personal Financial Law Center I 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647 Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310) 391-2462 On Thursday, May 21, 2015 10:52 AM, "'Stella Havkin' havkinlaw@earthlink.net [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
7 days is a reasonable tim.e
The post was migrated from Yahoo.
X-Original-Return-Path: Gaurav Datta
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
The debt was assigned in 2013 to Pacific Credit Exchange and the assignee is the one enforcing he garnishment. I'm assuming the fact that PCE is merely an assignee does not absolve them of liability here.
Sent from my iPhone
> On May 21, 2015, at 10:19 PM, Mark Jessee jesseelaw@aol.com [cdcbaa] wrote:
>
> Yes, no harm in asking if the creditor was listed with a correct address and presumably the attorney for the judgment creditor was notified as well. If they don't pay you can evaluate whether to pursue an OSC. There was no excuse for the garnishment if the judgment creditor was properly noticed. That is a willful violation of the discharge injunction. I assume no notice of stay was filed in the superior court on behalf of the debtor when the chapter 7 was filed if a writ of execution was issued to garnish, but if one was then the garnishment is particularly egregious.
>
> Mark Jessee
>
> Sent from my iPhone
>
>> On May 21, 2015, at 12:02 PM, Gaurav Datta gdatta@gmail.com [cdcbaa] wrote:
>>
>>
>> Is it fair to demand my fees and costs that my client has incurred so far with the demand to return the garnished wages as well?
>>
>> Gaurav Datta, Esq.,LL.M
>> 444 W. Ocean Blvd, Suite 1401
>> Long Beach, CA 90802
>> Phone: 562-435-9062
>> Fax: 562-281-6158
>> www.dattalawgroup.com
>>
>> "My formula for success is rise early, work late, and strike oil."
>> - J. Paul Getty
>>
>>
>>> On Thu, May 21, 2015 at 11:27 AM, 'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa] wrote:
>>>
>>> If you can reach the responsible person by telephone and follow up with a faxed letter, you could request a shorter deadline (perhaps 48 hours) for written confirmation that judgment creditor acknowledges the discharge violation and is willing to stop the garnishment and refund the wrongfully garnished funds. The relevant factor is communication with the creditor regarding the issue and an indication of the creditor's willingness to comply.
>>>
>>> Peter M. Lively, J.D., M.B.A.
>>> Law Office of Peter M. Lively * Personal Financial Law Center I
>>> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
>>> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310) 391-2462
>>>
>>>
>>>
>>> On Thursday, May 21, 2015 10:52 AM, "'Stella Havkin' havkinlaw@earthlink.net [cdcbaa]" wrote:
>>>
>>>
>>>
>>> 7 days is a reasonable tim.e
>>>
o:cdcbaa@yahoogroups.com]
>>> Sent: Thursday, May 21, 2015 9:40 AM
>>> To: cdcbaa@yahoogroups.com
>>> Subject: [cdcbaa] Adequate time to cure discharge violation?
>>>
>>>
>>> Hi all,
>>>
>>> I have a client who filed for a Chapter 7 Bankruptcy in 2005 and was discharged in 2006 in a no asset case. She had a judgment against her from 2004. She is now being garnished by the judgment creditor, who was listed in the bankruptcy, and is struggling to pay bills. She not only needs the garnishments to stop immediately, but she really needs her garnish funds to be returned to her ASAP so she can afford to pay rent for next month.
>>>
>>> I am writing a demand letter with the threat of bringing an OSC motion in bankruptcy court if they don't comply. How much time is adequate time to cure in the eyes of the judges in CDCA (this is an orange county case but the judge, JR, is no longer on the bench down there)???
>>>
>>> I would hate to make the demand, take this to court, and then get the matter kicked out because I didn't give them adequate time. On the other hand, she really needs her money back now. She's a single mom with 3 kids and barely makes ends meet as it is.
>>>
>>> Gaurav Datta, Esq.,LL.M
>>> 444 W. Ocean Blvd, Suite 1401
>>> Long Beach, CA 90802
>>> Phone: 562-435-9062
>>> Fax: 562-281-6158
>>> www.dattalawgroup.com
>>>
>>> "My formula for success is rise early, work late, and strike oil."
>>> - J. Paul Getty
>
>
If you can reach the responsible person by telephone and follow up with a faxed letter, you could request a shorter deadline (perhaps 48 hours) for written confirmation that judgment creditor acknowledges the discharge violation and is willing to stop the garnishment and refund the wrongfully garnished funds. The relevant factor is communication with the creditor regarding the issue and an indication of the creditor's willingness to comply. Peter M. Lively, J.D., M.B.A. Law Office of Peter M. Lively * Personal Financial Law Center I 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647 Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310) 391-2462 On Thursday, May 21, 2015 10:52 AM, "'Stella Havkin' havkinlaw@earthlink.net [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
7 days is a reasonable tim.e
The post was migrated from Yahoo.
Yes, no harm in asking if the creditor was listed with a correct address and presumably the attorney for the judgment creditor was notified as well. If they don't pay you can evaluate whether to pursue an OSC. There was no excuse for the garnishment if the judgment creditor was properly noticed. That is a willful violation of the discharge injunction. I assume no notice of stay was filed in the superior court on behalf of the debtor when the chapter 7 was filed if a writ of execution was issued to garnish, but if one was then the garnishment is particularly egregious.
Mark Jessee
Sent from my iPhone
> On May 21, 2015, at 12:02 PM, Gaurav Datta gdatta@gmail.com [cdcbaa] wrote:
>
> Is it fair to demand my fees and costs that my client has incurred so far with the demand to return the garnished wages as well?
>
> Gaurav Datta, Esq.,LL.M
> 444 W. Ocean Blvd, Suite 1401
> Long Beach, CA 90802
> Phone: 562-435-9062
> Fax: 562-281-6158
> www.dattalawgroup.com
>
> "My formula for success is rise early, work late, and strike oil."
> - J. Paul Getty
>
>
>> On Thu, May 21, 2015 at 11:27 AM, 'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa] wrote:
>>
>> If you can reach the responsible person by telephone and follow up with a faxed letter, you could request a shorter deadline (perhaps 48 hours) for written confirmation that judgment creditor acknowledges the discharge violation and is willing to stop the garnishment and refund the wrongfully garnished funds. The relevant factor is communication with the creditor regarding the issue and an indication of the creditor's willingness to comply.
>>
>> Peter M. Lively, J.D., M.B.A.
>> Law Office of Peter M. Lively * Personal Financial Law Center I
>> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
>> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310) 391-2462
>>
>>
>>
>> On Thursday, May 21, 2015 10:52 AM, "'Stella Havkin' havkinlaw@earthlink.net [cdcbaa]" wrote:
>>
>>
>>
>> 7 days is a reasonable tim.e
>>
>> Sent: Thursday, May 21, 2015 9:40 AM
>> To: cdcbaa@yahoogroups.com
>> Subject: [cdcbaa] Adequate time to cure discharge violation?
>>
>>
>> Hi all,
>>
>> I have a client who filed for a Chapter 7 Bankruptcy in 2005 and was discharged in 2006 in a no asset case. She had a judgment against her from 2004. She is now being garnished by the judgment creditor, who was listed in the bankruptcy, and is struggling to pay bills. She not only needs the garnishments to stop immediately, but she really needs her garnish funds to be returned to her ASAP so she can afford to pay rent for next month.
>>
>> I am writing a demand letter with the threat of bringing an OSC motion in bankruptcy court if they don't comply. How much time is adequate time to cure in the eyes of the judges in CDCA (this is an orange county case but the judge, JR, is no longer on the bench down there)???
>>
>> I would hate to make the demand, take this to court, and then get the matter kicked out because I didn't give them adequate time. On the other hand, she really needs her money back now. She's a single mom with 3 kids and barely makes ends meet as it is.
>>
>> Gaurav Datta, Esq.,LL.M
>> 444 W. Ocean Blvd, Suite 1401
>> Long Beach, CA 90802
>> Phone: 562-435-9062
>> Fax: 562-281-6158
>> www.dattalawgroup.com
>>
>> "My formula for success is rise early, work late, and strike oil."
>> - J. Paul Getty
>
>
The post was migrated from Yahoo.
Reply-To: Gaurav Datta
X-Original-Return-Path: Gaurav Datta
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Is it fair to demand my fees and costs that my client has incurred so far
with the demand to return the garnished wages as well?
*Gaurav Datta, Esq.,LL.M444 W. Ocean Blvd, Suite 1401*
*Long Beach, CA 90802Phone: 562-435-9062Fax: 562-281-6158*
*www.dattalawgroup.com *
"My formula for success is rise early, work late, and strike oil."
- J. Paul Getty
On Thu, May 21, 2015 at 11:27 AM, 'Peter M. Lively'
petermlively2000@yahoo.com [cdcbaa] wrote:
>
>
> If you can reach the responsible person by telephone and follow up with a
> faxed letter, you could request a shorter deadline (perhaps 48
> hours) for written confirmation that judgment creditor acknowledges the
> discharge violation and is willing to stop the garnishment and refund the
> wrongfully garnished funds. The relevant factor is communication with the
> creditor regarding the issue and an indication of the creditor's
> willingness to comply.
>
> Peter M. Lively, J.D., M.B.A.
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310)
> 391-2462
>
>
>
> On Thursday, May 21, 2015 10:52 AM, "'Stella Havkin'
> havkinlaw@earthlink.net [cdcbaa]" wrote:
>
>
>
> 7 days is a reasonable tim.e
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Thursday, May 21, 2015 9:40 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Adequate time to cure discharge violation?
>
>
> Hi all,
>
> I have a client who filed for a Chapter 7 Bankruptcy in 2005 and was
> discharged in 2006 in a no asset case. She had a judgment against her from
> 2004. She is now being garnished by the judgment creditor, who was listed
> in the bankruptcy, and is struggling to pay bills. She not only needs the
> garnishments to stop immediately, but she really needs her garnish funds to
> be returned to her ASAP so she can afford to pay rent for next month.
>
> I am writing a demand letter with the threat of bringing an OSC motion in
> bankruptcy court if they don't comply. How much time is adequate time to
> cure in the eyes of the judges in CDCA (this is an orange county case but
> the judge, JR, is no longer on the bench down there)???
>
> I would hate to make the demand, take this to court, and then get the
> matter kicked out because I didn't give them adequate time. On the other
> hand, she really needs her money back now. She's a single mom with 3 kids
> and barely makes ends meet as it is.
>
>
> *Gaurav Datta, Esq.,LL.M444 W. Ocean Blvd, Suite 1401*
>
>
> *Long Beach, CA 90802Phone: 562-435-9062 Fax: 562-281-6158
> *
> *www.dattalawgroup.com *
>
> "My formula for success is rise early, work late, and strike oil."
> - J. Paul Getty
>
>
>
>
>
Is it fair to demand my fees and costs that my client has incurred so far with the demand to return the garnished wages as well? ail_signature">Gaurav Datta, Esq.,LL.M444 W. Ocean Blvd, Suite 1401Long Beach, CA 90802Phone: 562-435-9062Fax: 562-281-6158
The post was migrated from Yahoo.
I agree, and I think you and your client are acting reasonably. There is a 1995 USDC case out of Georgia, In re Penny Flynn, in which the IRS improperly levied a checking account. Even though the IRS acted "promptly" (according to the court) after being notified of the violation (which, from the facts, was within one week from notice), the debtor still sought contempt. The court found that "the damage had been done" in spite of the prompt response by the IRS. The court was also very concerned about the IRS's institutionalized pattern of behavior that seemed likely to repeat itself as to other debtors if not addressed (which may or may not be applicable to your case). The point is, even if they "cure," it's not a defense to contempt; but it certainly can mitigate any damages awarded. It's the "knowledge" and "willfulness" elements that are critical to contempt.
Gary R. Wallace
Law Office of Gary R. Wallace
4551 Glencoe Avenue, Suite 300
Marina del Rey, CA 90292
Email: garyrwallace@ymail.com
Office: (310) 775-8719
On Thu, 5/21/15, 'Stella Havkin' havkinlaw@earthlink.net [cdcbaa] wrote:
Subject: RE: [cdcbaa] Adequate time to cure discharge violation?
To: cdcbaa@yahoogroups.com
Date: Thursday, May 21, 2015, 10:52 AM
7 days is a reasonable
[mailto:cdcbaa@yahoogroups.com]
Sent: Thursday, May 21, 2015 9:40 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Adequate time to cure
discharge violation? Hi all, I have a client who filed for
a Chapter 7 Bankruptcy in 2005 and was discharged in 2006 in
a no asset case. She had a judgment against her from
2004. She is now being garnished by the judgment creditor,
who was listed in the bankruptcy, and is struggling to pay
bills. She not only needs the garnishments to stop
immediately, but she really needs her garnish funds to be
returned to her ASAP so she can afford to pay rent for next
month.
I am
writing a demand letter with the threat of bringing an OSC
motion in bankruptcy court if they don't comply. How
much time is adequate time to cure in the eyes of the judges
in CDCA (this is an orange county case but the judge, JR, is
no longer on the bench down there)??? I would hate to make the
demand, take this to court, and then get the matter kicked
out because I didn't give them adequate time. On the
other hand, she really needs her money back now. She's
a single mom with 3 kids and barely makes ends meet as it
is.
Gaurav Datta, Esq.,LL.M
444 W. Ocean Blvd, Suite 1401Long Beach, CA 90802
Phone: 562-435-9062
Fax:
562-281-6158www.dattalawgroup.com "My formula for success
is rise early, work late, and strike oil."
- J. Paul Getty
The post was migrated from Yahoo.
Reply-To: Gaurav Datta
X-Original-Return-Path: Gaurav Datta
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Hi all,
I have a client who filed for a Chapter 7 Bankruptcy in 2005 and was
discharged in 2006 in a no asset case. She had a judgment against her from
2004. She is now being garnished by the judgment creditor, who was listed
in the bankruptcy, and is struggling to pay bills. She not only needs the
garnishments to stop immediately, but she really needs her garnish funds to
be returned to her ASAP so she can afford to pay rent for next month.
I am writing a demand letter with the threat of bringing an OSC motion in
bankruptcy court if they don't comply. How much time is adequate time to
cure in the eyes of the judges in CDCA (this is an orange county case but
the judge, JR, is no longer on the bench down there)???
I would hate to make the demand, take this to court, and then get the
matter kicked out because I didn't give them adequate time. On the other
hand, she really needs her money back now. She's a single mom with 3 kids
and barely makes ends meet as it is.
*Gaurav Datta, Esq.,LL.M444 W. Ocean Blvd, Suite 1401*
*Long Beach, CA 90802Phone: 562-435-9062Fax: 562-281-6158*
*www.dattalawgroup.com *
"My formula for success is rise early, work late, and strike oil."
- J. Paul Getty
Hi all,I have a client who filed for a Chapter 7 Bankruptcy in 2005 and was discharged in 2006 in a no asset case. She had a judgment against her from 2004. She is now being garnished by the judgment creditor, who was listed in the bankruptcy, and is struggling to pay bills. She not only needs the garnishments to stop immediately, but she really needs her garnish funds to be returned to her ASAP so she can afford to pay rent for next month. I am writing a demand letter with the threat of bringing an OSC motion in bankruptcy court if they don't comply. How much time is adequate time to cure in the eyes of the judges in CDCA (this is an orange county case but the judge, JR, is no longer on the bench down there)???I would hate to make the demand, take this to court, and then get the matter kicked out because I didn't give them adequate time. On the other hand, she really needs her money back now. Gaurav Datta, Esq.,LL.M444 W. Ocean Blvd, Suite 1401Long Beach, CA 90802Phone: 562-435-9062Fax: 562-281-6158www.dattalawgroup.com"My formula for success is rise early, work late, and strike oil."- J. Paul Getty
The post was migrated from Yahoo.