.jpg)
Can a secured creditor "waive" 1322(b)(2)?
Well, they would have to file a claim in order to be paid through
the plan, so I assume that would be proof of serving the creditor
properly. Of course I'd have to get them to file a claim stating
the agreed to amount is all arrears and that might be tricky since
the arrears are really more than that (the full amount of the Note
actually).
The other way to go would be to pay them directly outside the plan,
and just note that in the plan, but I figured it would be better if
paid through the Trustee.
On 8/9/2016 12:14 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
> I recall that there is case law ruling that the creditor can agree
> to whatever treatment it wants. You just have to spell it out in
> the plan and serve the creditor properly and submit proof of it.
> Of course, an actual written agreement setting forth the treatment
> would be best, but you may not get that.
>
>
> --
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> /*Certified Bankruptcy Specialist, State Bar of California, Board
> of Legal Specialization/
> *Board Certified - Business Bankruptcy Law - American Board of
> Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of
> Certification
> Commercial Litigation
> Estate Planning
> Outside General Counsel
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
>
>
*************************
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.
I recall that there is case law ruling that the creditor can agree to
whatever treatment it wants. You just have to spell it out in the plan and
serve the creditor properly and submit proof of it. Of course, an actual
written agreement setting forth the treatment would be best, but you may
not get that.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
I recall that there is case law ruling that the creditor can agree to whatever treatment it wants. You just have to spell it out in the plan and serve the creditor properly and submit proof of it. Of course, an actual written agreement setting forth the treatment would be best, but you may not get that.--
The post was migrated from Yahoo.
Debtor owns real property as their principal residence with two
voluntary mortgage liens against it.
The 2nd TD is "charged off" and has been sold to a third party
collection agency that has agreed (or will agree) to accept a
certain amount from the Plan (basically the amount showing as
secured under 506).
Can I just stick the 2nd TD in Class 3 and pay the agreed-to amount
through the plan in order to obtain a reconveyance? Or will the
Trustee object because of 1322(b)(2)?
According to the lienholder, there is no "default" to cure per se
since it is charged off.
*************************
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.