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In a Chapter 7 where debtor plans to keep the vehicle I
No, they've always needed to be filed in order for the reaffirmation
agreement to be valid. There just isn't a mandatory need for a
hearing if the attorney signs. But the court can certainly set one.
And the potted plant argument has no teeth. We are basically potted
plants at 341a meetings, yet that is now a requirement per our new
local rules...
*************************
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
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On 7/13/2016 8:02 AM, 'Christine A. Kingston'
attorneychristine@gmail.com [cdcbaa] wrote:
>
>
> My understanding was that IF the debtor's attorney signs off on
> reffirmation, then it does NOT need to be filed with the court?
> Or, at least not set for hearing because it essentially becomes a
> stipulated reaffirmation.
>
> Am I missing something?
>
> Christine
>
> Christine A. Kingston, Esq.
> Law Office of Christine A. Kingston
> 5011 Argosy Avenue, Suite 3
> Huntington Beach, CA 92649
> Office: 714-533-9210
> Fax: 714-489-8150
> Email: attorneychristine@gmail.com
>
> Blog: www.losangelesbankruptcylawmonitor.com
>
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>
> On Tue, Jul 12, 2016 at 4:56 PM, John Faucher
> j.d.faucher@sbcglobal.net
> [cdcbaa]
> wrote:
>
> This may or may not be news to this group, but here goes . . .
> In Santa Barbara, Judge Saltzman is now requiring attorneys to
> appear at reaffirmation hearings where they have signed the
> reaffirmation. The attorneys who have appeared at these
> hearings find that they are basically potted plants, as the
> judge wishes to talk directly to the debtor about the
> importance of a reaffirmation agreement.
> Lore has it that she is also denying a higher proportion of
> the reaffirmations than previously.
> - John D. Faucher
> 818/889-8080
>
>
> On Saturday, July 2, 2016 2:02 PM, "easky1@yahoo.com
> [cdcbaa]" > wrote:
>
>
> Renee:
>
> Letter says no reaf, car will be picked up. Debtor needs to
> ask for a reaf.
>
> d
>
>
>
>
>
>
*************************
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)
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transaction or matter addressed in this communication.
The post was migrated from Yahoo.
My understanding was that IF the debtor's attorney signs off on
reffirmation, then it does NOT need to be filed with the court? Or, at
least not set for hearing because it essentially becomes a stipulated
reaffirmation.
Am I missing something?
Christine
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Blog: www.losangelesbankruptcylawmonitor.com
The post was migrated from Yahoo.
The Code reads that either party (debtor or creditor) may file the
reaffirmation based on debtor's intentions.
Normally, creditors send these agreements out without debtors or counsel
taking action. My concern is that other creditors will follow in Ford's
steps by forcing debtor's counsel to make the call, or otherwise initiate
reaffirmation. This places even more burden on debtors and their counsel
to hustle up these agreements.
The hardest part is that we don't support these agreements and generally
don't represent our clients in these matters, yet we need to be certain the
work is done.
It's complicated.
Christine
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Blog: www.losangelesbankruptcylawmonitor.com
The post was migrated from Yahoo.