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chapter 13 plan
It may not be prudent to to recommend dimissing the case with the
intention of filing a Chapter 7 later. Converting to Chapter 7 may be
a better option for the client. The attorney needs to present the
detailed options and resulting consequences to the client and let the
client decide. Converting keeps the automatic stay in place.
Dismissing and refiling costs the client more money than converting
and the automatic stay is only in effect for 30 days if refiled within
a year. Not likely the court would extend the stay if the lender
objected under the circumstances. It is possible in some
circumstances that converting buys the debtor more time in the
property than dismissing and refiling.
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
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On Mon 1/02/10 6:41 PM , R Grace Rodriguez rgracelaw@gmail.com sent:
Make appointment with client and show him objection. Find out if he
REALLY doesn't have money, or can't get a room rented or do something
to increase to cover the payment. If not have him sign something with
you allowing you to dismiss the case. I would say dismiss the case
because when they go to sale on his house, he will probably need a
well-timed chapter 7 to delay the eviction that will surely follow.
If he really has money, go to first confirmation hearing and ask for
additional time to file updated plan. Increase income and adjust
anticipated monthly expenses. Like if you have him paying 250 a month
for a cell phone, have him change plans to reduce. Like switching to
MetroPCS for 40 bucks a month could save him an extra 200 to use
towards trustee payment.
I'm relatively new, but that would be my two cents.
R. Grace Rodriguez
On Sat, Jan 30, 2010 at 7:26 AM, Jonathan wrote:
I am a new a regarding chapter 13 plans.
The following is the situation.
I filed the plan for my client who is behind in his mortgage. The
client told me the amount in the arears was $6,000. However, today I
receive notice of an objection to the plan by the mortgage company on
the grounds that the amont in arrears is actually $17,500.
The client does not have enough extra income to cover even half of
that amount in five years. However, the house is upside down by almost
$1000,000.
The plan confirmation hearing is the end of Febuary.
Any sugestions would be greatly appreciated.
Jonathan Leventhal
law@3yl.com [2]
--
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail
notice for ex parte Applications via voicemail or by email. You must
comply with California Law and give notice to a person in my office
during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual
named. If you are not the intended recipient you should not
disseminate, distribute, store, print, copy or deliver this message.
Please notify the sender immediately by e-mail if you have received
this e-mail by mistake and delete this e-mail from your system.
Links:
[1] mailto:law@3yl.com
[2] mailto:law@3yl.com
[3] mailto:?subjectRe: [cdcbaa] Chapter 13 Plan
[4] mailto:cdcbaa@yahoogroups.com?subjectRe: [cdcbaa] Chapter 13
Plan
[5]
The post was migrated from Yahoo.
Unfortunately the debtor is in a difficult positition. I assume the
arrears are for the first trust deed and that there is no totaly
undersecured junior trust deed. The debtor with insufficient income
to address the arreas during 5 years has four options: 1. Find an
additional source of income to make up the difference; 2. Find
someone to contribute the difference into the plan; 3. Convert the
case to Chapter 7, with hope of somehow modifying the mortgage later;
or 4. Dismiss the case or let it be dismissed for infeasability and
again try somehow to modify the loan.
Alas the debtors many times lose track of the amounts due or simply
do not know what really is due. Foreclosure costs/attorney fees are
always extras the clients do not think about. Relying on the debtor's
knowledge alone is always risky. You have to try to obtain more
information prior to filing the case. Require the debtor provide a
copy of the most recent bill, Notice of Default, Trustee Sale Notice,
or even better, if there is time, requesting a printout/payoff from
the lender. If the debtor provides a current credit report, reviewing
it for how far behind it says the debtor is on payments also helps
ensure you are not missing something.
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
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED
RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE
PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
On Sat 30/01/10 7:26 AM , "Jonathan" law@3yl.com sent:
I am a new a regarding chapter 13 plans.
The following is the situation.
I filed the plan for my client who is behind in his mortgage. The
client told me the amount in the arears was $6,000. However, today I
receive notice of an objection to the plan by the mortgage company on
the grounds that the amont in arrears is actually $17,500.
The client does not have enough extra income to cover even half of
that amount in five years. However, the house is upside down by almost
$1000,000.
The plan confirmation hearing is the end of Febuary.
Any sugestions would be greatly appreciated.
Jonathan Leventhal
law@3yl.com [1]
Links:
[1] mailto:law@3yl.com
[2] mailto:?subjectChapter 13 Plan
[3] mailto:cdcbaa@yahoogroups.com?subjectChapter 13 Plan
[4]
The post was migrated from Yahoo.
Make appointment with client and show him objection. Find out if he REALLY
doesn't have money, or can't get a room rented or do something to increase
to cover the payment. If not have him sign something with you allowing you
to dismiss the case. I would say dismiss the case because when they go to
sale on his house, he will probably need a well-timed chapter 7 to delay the
eviction that will surely follow.
If he really has money, go to first confirmation hearing and ask for
additional time to file updated plan. Increase income and adjust
anticipated monthly expenses. Like if you have him paying 250 a month for a
cell phone, have him change plans to reduce. Like switching to MetroPCS for
40 bucks a month could save him an extra 200 to use towards trustee
payment.
I'm relatively new, but that would be my two cents.
R. Grace Rodriguez
On Sat, Jan 30, 2010 at 7:26 AM, Jonathan wrote:
>
>
> I am a new a regarding chapter 13 plans.
>
> The following is the situation.
>
> I filed the plan for my client who is behind in his mortgage. The client
> told me the amount in the arears was $6,000. However, today I receive notice
> of an objection to the plan by the mortgage company on the grounds that the
> amont in arrears is actually $17,500.
>
> The client does not have enough extra income to cover even half of that
> amount in five years. However, the house is upside down by almost $1000,000.
>
> The plan confirmation hearing is the end of Febuary.
>
> Any sugestions would be greatly appreciated.
>
> Jonathan Leventhal
> law@3yl.com
>
>
>
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and delete
this e-mail from your system.
Make appointment with client and show him objection. Find out if he REAL
The post was migrated from Yahoo.
I am a new a regarding chapter 13 plans.
The following is the situation.
I filed the plan for my client who is behind in his mortgage. The client told me the amount in the arears was $6,000. However, today I receive notice of an objection to the plan by the mortgage company on the grounds that the amont in arrears is actually $17,500.
The client does not have enough extra income to cover even half of that amount in five years. However, the house is upside down by almost $1000,000.
The plan confirmation hearing is the end of Febuary.
Any sugestions would be greatly appreciated.
Jonathan Leventhal
law@3yl.com
The post was migrated from Yahoo.
X-eGroups-Edited-By: easky1
I have a situation where the debtor borrowed $30 K and gave a deed of trust to his house. The entire amount plus interest was due two years ago per the contract he signed and they have set a date for sale of the house. He already has a first that exceeds way more than the value of the house. I realize that it would have been unlikely for a buyer to buy the note at the foreclosure sale and assume the first on the house but my client did not want to take the chance and wanted to file the bk. I listed the 36 k (principal with interest) as general unsecured with a notation in the plan that this will be stipped off. I was thinking that since the whole amount is basically in arreage, I wasn't going to be able to propose a meaningful plan if I had listed it as secured debt.I am planning to file the advesary hearing to strip lien before the 341(a) hearing per the judge's requirement and the judge in question does not require payments pending advesary hearing outcome.
Please let me know if listing the 36 K as general unsecured is acceptable?
Also, I just found out that one of the monthly expenses listed for the property insurance is more than the actual amount. Should I amend schedule J right away and propose a new plan or should I wait to see what else the trustee is going to object to?
The post was migrated from Yahoo.
I have a situation where the debtor borrowed $30 K and gave a deed of trust to his house. The entire amount plus interest was due two years ago per the contract he signed and they have set a date for sale of the house. He already has a first that exceeds way more than the value of the house. I realize that it would have been unlikely for a buyer to buy the note at the foreclosure sale and assume the first on the house but my client did not want to take the chance and wanted to file the bk. I listed the 36 k (principal with interest) as general unsecured with a notation in the plan that this will be stipped off. I was thinking that since the whole amount is basically in arreage, I wasn't going to be able to propose a meaningful plan if I had listed it as secured debt.I am planning to file the advesary hearing to strip lien before the 341(a) hearing per the judge's requirement and the judge in question does not require payments pending advesary hearing outcome.
Please let me know if listing the 36 K as general unsecured is acceptable?
Also, I just found out that one of the monthly expenses listed for the property insurance is more than the actual amount. Should I amend schedule J right away and propose a new plan or should I wait to see what else the trustee is going to object to?
The post was migrated from Yahoo.