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Post Petition Car Loan in Chapter 7
There would not be a first discharge yet....
As to the 523a(2) issue, buyer's remorse is formulated after the fact. Lender must prove fraudulent intent at time of transaction. I think it is a rare set of facts here as I question the acumen of any lender that loans money to someone in the middle of a Chapter 7 bankruptcy proceeding. Barring material misrepresentation by the debtor, I doubt the lender would have an easy time establishing facts that the debtor did not reasonably intend to fulfill the terms of the contract when it was entered.
Mark Jessee
Sent from my iPhone
> On Jun 9, 2016, at 10:02 AM, ssoesq@aol.com [cdcbaa] wrote:
>
> This is a post-petition liability. There is no chapter 13 estate, court approval, attorney approval, or any other requirement for a Debtor who is seeking to start fresh and incurs new debt.
>
> I wonder about Mark Jesse's response about allowing the case to close without a discharge but haven't looked at 727 about obtaining a discharge in a 2nd case within 8 years.
>
> I caution that the automatic stay would expire in 30 days unless extended on motion, etc.
>
>
>
> Very truly yours,
> Shai Oved
> The Law Offices of Shai Oved
> 7445 Topanga Cyn. Blvd., Suite 220
> Canoga Park, California 91303
> Tel: (818) 992-6588
> Fax: (818) 992-6511
> Email: ssoesq@aol.com www.shaioved.com
> ________________
> The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
>
> In a message dated 6/9/2016 9:56:22 A.M. Pacific Daylight Time, cdcbaa@yahoogroups.com writes:
>
> Good idea. I think the lender would have a good 523(a)(2) argument. But if that happens your client is really no worse off than he is now.
>
>
> --
>
> *************************
> 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.
>
>
>> On 6/8/2016 8:40 PM, Mark Jessee jesseelaw@aol.com [cdcbaa] wrote:
>> If the financial mgmt course certificate has not been filed yet you could allow the case to close without discharge and then refile to discharge the new car loan.
>>
>> Mark Jessee
>>
>> Sent from my iPhone
>>
>>> On Jun 8, 2016, at 4:49 PM, sam@southbaybk.com [cdcbaa] wrote:
>>>
>>>
>>> I have a chapter 7 debtor who, without my knowledge, took out a car loan after the chapter 7 filing. He now wants out of it. Is the loan void due to the failure to obtain court approval under 364 - or for any other reason? Has anyone run across this? I have been looking for case law but can't seem to find anything on point.
>>>
>
>
>
>
The post was migrated from Yahoo.
This is a post-petition liability. There is no chapter 13 estate, court
approval, attorney approval, or any other requirement for a Debtor who is seeking to start fresh and incurs new debt.
I wonder about Mark Jesse's response about allowing the case to close
without a discharge but haven't looked at 727 about obtaining a discharge in a
2nd case within 8 years.
I caution that the automatic stay would expire in 30 days unless extended on motion, etc.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: _(818) 992-6588_ (tel:(818)%20992-6588)
Fax: _(818) 992-6511_ (tel:(818)%20992-6511)
Email: _ssoesq@aol.com_ (mailto:ssoesq@aol.com) _ www.shaioved.com_
(http://www.shaioved.com/)
________________
The information contained in this email is intended only for the
individual or entity named above and may contain attorney privileged and
confidential information. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution, or copy of
this communication is strictly prohibited. If you received this
communication in error, please immediately notify us by the telephone number above
and return any hard copies to us via the postal service.. The Law Offices of
Shai Oved is a debt relief agency which helps people file for bankruptcy
under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist
by The State Bar of California Board of Legal Specialization.
In a message dated 6/9/2016 9:56:22 A.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Good idea. I think the lender would have a good 523(a)(2) argument. Butif that happens your client is really no worse off than he is now.
*************************
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 ofLegal 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 forthe use of the addressee only. If you are not the addressee, note that anydisclosure, copy, distribution or use of the contents of this message is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed bythe 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 partyany transaction or matter addressed in this communication.
On 6/8/2016 8:40 PM, Mark Jessee _jesseelaw@aol.com_
(mailto:jesseelaw@aol.com) [cdcbaa] wrote:
If the financial mgmt course certificate has not been filed yet you couldallow the case to close without discharge and then refile to discharge thenew car loan.
Mark Jessee
Sent from my iPhone
On Jun 8, 2016, at 4:49 PM, _sam@southbaybk.com_
(mailto:sam@southbaybk.com) [cdcbaa]
wrote:
I have a chapter 7 debtor who, without my knowledge, took out a car loan
after the chapter 7 filing. He now wants out of it. Is the loan void due to
the failure to obtain court approval under 364 - or for any other reason?Has anyone run across this? I have been looking for case law but can't
seem to find anything on point.
This is a post-petition liability. There is no chapter 13 estate,
court approval, attorney approval, or any other requirement for a Debtor who is
seeking to start fresh and incurs new debt.
I wonder about Mark Jesse's response about allowing the case to closewithout a discharge but haven't looked at 727 about obtaining a discharge in a
2nd case within 8 years.
I caution that the automatic stay would expire in 30 days unless extended
on motion, etc.
Very truly
yours,Shai OvedThe Law Offices of Shai Oved7445 Topanga Cyn. Blvd.,
Suite 220Canoga Park, California 91303Tel: (818) 992-6588Fax: (818) 992-6511Email: ssoesq@aol.com www.shaioved.com________________The
information contained in this email is intended only for the individual orentity named above and may contain attorney privileged and confidential
information. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copy of this
communication is strictly prohibited. If you received this communication
in error, please immediately notify us by the telephone number above and return
any hard copies to us via the postal service.. The Law Offices of Shai Oved is a
debt relief agency which helps people file for bankruptcy under the Bankruptcy
Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State
Bar of California Board of Legal Specialization.
In a message dated 6/9/2016 9:56:22 A.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Good idea. I think the lender would have a
good 523(a)(2) argument. But if that happens your client is really no
worse off than he is now.
-- *************************Mark J. MarkusLaw Office of Mark
J. MarkusMailing Address Only:11684 Ventura Blvd. PMB
#403Studio 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
SpecializationThis 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. On
6/8/2016 8:40 PM, Mark Jessee jesseelaw@aol.com [cdcbaa]
wrote:
If the financial mgmt course certificate has not been filed
yet you could allow the case to close without discharge and then refile to
discharge the new car loan.
Mark JesseeSent from my iPhone
On Jun 8, 2016, at 4:49 PM, sam@southbaybk.com [cdcbaa]
<cdcbaa@yahoogroups.com> wrote:
I have a chapter 7 debtor who, without my knowledge, took out a
car loan after the chapter 7 filing. He now wants out of it. Is the
loan void due to the failure to obtain court approval under 364 - or for
any other reason? Has anyone run across this? I have been looking
for case law but can't seem to find anything on point.
The post was migrated from Yahoo.
Good idea. I think the lender would have a good 523(a)(2)
argument. But if that happens your client is really no worse off
than he is now.
*************************
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.
On 6/8/2016 8:40 PM, Mark Jessee jesseelaw@aol.com [cdcbaa] wrote:
>
>
> If the financial mgmt course certificate has not been filed yet
> you could allow the case to close without discharge and then
> refile to discharge the new car loan.
>
> Mark Jessee
>
> Sent from my iPhone
>
> On Jun 8, 2016, at 4:49 PM, sam@southbaybk.com
> [cdcbaa] > wrote:
>
>> I have a chapter 7 debtor who, without my knowledge, took out a
>> car loan after the chapter 7 filing. He now wants out of it. Is
>> the loan void due to the failure to obtain court approval under
>> 364 - or for any other reason? Has anyone run across this? I
>> have been looking for case law but can't seem to find anything on
>> point.
>>
>
>
>
The post was migrated from Yahoo.
If the financial mgmt course certificate has not been filed yet you could allow the case to close without discharge and then refile to discharge the new car loan.
Mark Jessee
Sent from my iPhone
> On Jun 8, 2016, at 4:49 PM, sam@southbaybk.com [cdcbaa] wrote:
>
> I have a chapter 7 debtor who, without my knowledge, took out a car loan after the chapter 7 filing. He now wants out of it. Is the loan void due to the failure to obtain court approval under 364 - or for any other reason? Has anyone run across this? I have been looking for case law but can't seem to find anything on point.
>
>
The post was migrated from Yahoo.