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Debtor is in Chapter 13 Bankruptcy paying offer her overpaid SUVs. . . .
"pre" is also a prefix. Never seen pre-fix. Prepetition.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On May 10, 2010, at 7:33 PM, "clifford_bordeaux" wrote:
I think you can do a motion to modify under Section 1305 to include post-petition debts which were necessary to incur in order for the debtor to perform the plan.* But per the March/Ahart/Tchaikovsky treatise, it may be necessary for the creditors to actually file proofs of claim in order for the debts to be discharged.
*Newbie disclaimer: I have not actually done this myself.
I suppose if this doesn't work and debtor can't make their plan payments, case will be dismissed (hopefully without a bar) and perhaps could be refiled as a new case which includes the debts that arose after the first petition was filed.
>
> Maybe there is a simple answer to this but I'm just not seeing it. Client
> has confirmed plan and everything is fine. However, Debtor got very sick
> and had to have her gallbladder removed. She is uninsured and has huge
> medical expenses. Is there a way to add these medical bills to her debt to
> be discharged?
>
> --
> 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.
>
"pre" is also a prefix. Never seen pre-fix. Prepetition.Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On May 10, 2010, at 7:33 PM, "clifford_bordeaux" <cbordeaux@gmail.com> wrote:
The post was migrated from Yahoo.
I think you can do a motion to modify under Section 1305 to include post-petition debts which were necessary to incur in order for the debtor to perform the plan.* But per the March/Ahart/Tchaikovsky treatise, it may be necessary for the creditors to actually file proofs of claim in order for the debts to be discharged.
*Newbie disclaimer: I have not actually done this myself.
I suppose if this doesn't work and debtor can't make their plan payments, case will be dismissed (hopefully without a bar) and perhaps could be refiled as a new case which includes the debts that arose after the first petition was filed.
>
> Maybe there is a simple answer to this but I'm just not seeing it. Client
> has confirmed plan and everything is fine. However, Debtor got very sick
> and had to have her gallbladder removed. She is uninsured and has huge
> medical expenses. Is there a way to add these medical bills to her debt to
> be discharged?
>
> --
> 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.
>
The post was migrated from Yahoo.