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Ch13 homeowner Question
charset="windows-1251"
YES
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
attorneychristine@gmail.com
Sent: Friday, May 14, 2010 7:08 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Ch13 homeowner Question
I have both spouses on title and only husband on mortgage. Can I file bk in
wife's name only and stop foreclosure on the home? And fight the predatory
lender?
Sent from my Verizon Wireless BlackBerry
charset="windows-1251"
Message
YES
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
I agree with Jim. However, the bankruptcy will temporarily stop the foreclosure.
Paul Horn, Esq., CPA
Law Office of Paul Horn
626 695 7310
626 614 0945
________________________________
To: cdcbaa@yahoogroups.com
Sent: Fri, May 14, 2010 8:28:06 AM
Subject: RE: [cdcbaa] Ch13 homeowner Question
If not in privity of contract how do you bring an action by a
non-party against a lender for predatory lending? Otherwise Peter is exactly
correct.
Jim
From:cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of attorneychristine@ gmail.com
Sent: Friday, May 14, 2010 7:08 AM
To: cdcbaa@yahoogroups. com
Subject: [cdcbaa] Ch13 homeowner Question
I have both spouses on title and only husband on mortgage. Can I file bk in
wife's name only and stop foreclosure on the home? And fight the predatory
lender?
Sent from my Verizon Wireless BlackBerry
I agree with Jim. However, the bankruptcy will temporarily stop the foreclosure. Paul Horn, Esq., CPALaw Office of Paul Horn626 695 7310626 614 0945From: James T. King <king@kingobk.com>To: cdcbaa@yahoogroups.comSent: Fri, May 14, 2010 8:28:06 AMSubject:
RE: [cdcbaa] Ch13 homeowner Question
If not in privity of contract how do you bring an action by a
non-party against a lender for predatory lending? Otherwise Peter is exactly
correct.
Jim
From:
cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of attorneychristine@ gmail.com
Sent: Friday, May 14, 2010 7:08 AM
To: cdcbaa@yahoogroups. com
Subject: [cdcbaa] Ch13 homeowner Question
I have both spouses on title and only husband on mortgage. Can I file bk in
wife's name only and stop foreclosure on the home? And fight the predatory
lender?
Sent from my Verizon Wireless BlackBerry
The post was migrated from Yahoo.
Perhaps arguing that claim against lender is community property asset, of the estate? This would arguably allow counsel for debtor/estate to prosecute using plan payments.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Fri, May 14, 2010 8:28:06 AM
Subject: RE: [cdcbaa] Ch13 homeowner Question
If not in privity of contract how do you bring an action by a non-party against a lender for predatory lending? Otherwise Peter is exactly correct.
Jim
From:cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of attorneychristine@ gmail.com
Sent: Friday, May 14, 2010 7:08 AM
To: cdcbaa@yahoogroups. com
Subject: [cdcbaa] Ch13 homeowner Question
I have both spouses on title and only husband on mortgage. Can I file bk in wife's name only and stop foreclosure on the home? And fight the predatory lender?
Sent from my Verizon Wireless BlackBerry
Perhaps arguing that claim against lender is community property asset, of the estate? This would arguably allow counsel for debtor/estate to prosecute using plan payments. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: James T. King <king@kingobk.com>To: cdcbaa@yahoogroups.comSent: Fri, May 14, 2010 8:28:06 AMSubject: RE: [cdcbaa] Ch13 homeowner Question
If not in privity of contract how do you bring an action by a non-party against a lender for predatory lending? Otherwise Peter is exactly correct.
Jim
From: cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of attorneychristine@ gmail.comSent: Friday, May 14, 2010 7:08 AMTo: cdcbaa@yahoogroups. comSubject: [cdcbaa] Ch13 homeowner Question
I have both spouses on title and only husband on mortgage. Can I file bk in wife's name only and stop foreclosure on the home? And fight the predatory lender?Sent from my Verizon Wireless BlackBerry
The post was migrated from Yahoo.
Yes. Although, you may need tomake thethe following plain language argument to the creditors and the court.
Residenceisproperty of the estate. 541.
Stay protects property of estate. 362(a)(2).
Co-debtor stayon property of estate"that secures such [consumer] debt." 1301(a).
Claims against the debtor include claims against property of the debtor.
Debtor has right to cure default with respect to a lien on debtor's principal residence through theplan. 1322(b)(3) and 1322(c)(1)
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Fri, May 14, 2010 7:08:05 AM
Subject: [cdcbaa] Ch13 homeowner Question
I have both spouses on title and only husband on mortgage. Can I file bk in wife's name only and stop foreclosure on the home? And fight the predatory lender?
Sent from my Verizon Wireless BlackBerry
Yes. Although, you may need to make the the following plain language argument to the creditors and the court.
Residence is property of the estate. 541.
Stay protects property of estate. 362(a)(2).
Co-debtor stay on property of estate "that secures such [consumer] debt." 1301(a).
Claims against the debtor include claims against property of the debtor. 102(2)
Debtor has right to cure default with respect to a lien on debtor's principal residence through the plan. 1322(b)(3) and 1322(c)(1) Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: "attorneychristine@gmail.com" <attorneychristine@gmail.com>To: cdcbaa@yahoogroups.comSent: Fri, May 14, 2010 7:08:05 AMSubject: [cdcbaa] Ch13 homeowner Question
I have both spouses on title and only husband on mortgage. Can I file bk in wife's name only and stop foreclosure on the home? And fight the predatory lender?Sent from my Verizon Wireless BlackBerry
The post was migrated from Yahoo.