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2015 case that supports 2TD discharge in prior Ch 7 not valid
I successfully argued the debtors' position on this issue in front of Judge Klein 2 weeks ago in case 2:15-bk-22581-SK. She agreed that after Lam motion is granted junior trust deed holds no unsecured claim because of theprior discharge of in personam liability. The best case from the debtor perspective is In Re Diana Marie Rosa 521 B.R. 337, 342 (Bankr. N.D Cal. 2014)
Judge Novak's analysis is fantastic! Judge Jury recognized it as such and adopted its reasoning in the BAP's decision in Free v. Malaier 542 BR 492(9th Cir BAP, 2015) although Free addressed the issue of whether the
discharged undersecured portion of the junior lien counted towards the debtlimit calculation for eligibility purposes. Free determined that the
undersecured portion did not count, but the rationale clearly supports the argument
that discharged junior lien holders cannot hold an in personam unsecured
claim in Chapter 20 circumstances.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 6/2/2016 12:18:07 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Dear Listmates,
Can anyone recall the name of a believed 2015 case that supports the
position that 2TD loan discharged in debtor's prior chapter 7 is not valid in
debtor's subsequent chapter 13. I understand that Judge Jury supports this position and made a statement in support of this in a recent case, maybe indicta.
My chapter 13 debtor needs to object to 2TD proof of claim in order to save her plan.
Thank you.
Nancy Korompis
626-716-7763
I successfully argued the debtors' position on this issue in front of Judge
Klein 2 weeks ago in case 2:15-bk-22581-SK. She agreed that after Lammotion is granted junior trust deed holds no unsecured claim because of theprior discharge of in personam liability. The best case from the debtor
perspective is In Re Diana Marie Rosa 521 B.R. 337, 342 (Bankr. N.D Cal. 2014)
Judge Novak's analysis is fantastic! Judge Jury recognized it as such and
adopted its reasoning in the BAP's decision in Free v. Malaier 542
BR 492 (9th Cir BAP, 2015) although Free addressed the issue of whether the
discharged undersecured portion of the junior lien counted towards the debtlimit calculation for eligibility purposes. Free
determined that the undersecured portion did not count, butthe rationale clearly supports the argument that discharged junior lien
holders cannot hold an in personam unsecured claim in Chapter 20
circumstances.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 6/2/2016 12:18:07 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Dear Listmates,
Can anyone recall the name of a believed 2015 case that supports the
position that 2TD loan discharged in debtor's prior chapter 7 is not valid in
debtor's subsequent chapter 13. I understand that Judge Jury supports this
position and made a statement in support of this in a recent case, maybe in
dicta.
My chapter 13 debtor needs to object to 2TD proof of claim in order to save
her plan.
Thank you.
Nancy Korompis
626-716-7763
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charset="UTF-8"
Do you mean Mark Jessees case? In re Schell 2:15-bk-22581-SK
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
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