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6 Month Plan?
Peter: Thank you for directing me to the materials and thank you for the article. Not only is it helpful but well reasoned. Clearly the time is now to extend lien stripping to Chapter 7 cases. Although I like the idea of the Chapter 13 route, I do not want to keep my debtor in a Chapter 13 for a full three years. Thanks again. Simon.
>
> See the group library forthematerials from the 5/22 MCLE.
> Peter M. Lively, JD/MBA
> 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: Tue, June 1, 2010 6:15:43 PM
> Subject: [cdcbaa] Re: 6 Month Plan?
>
>
> Peter: Under what theory can a consensual lien be stripped in Chapter 7? It was my understanding that this could only be done in a Chapter 13. Any way, Kagenveama seems fairly clear with regard to the Commitment Period and a limitation to above-median debtors makes no sense. That said, I was looking for, and do appreciate, the real life experience of our members on this one. Thanks again. Simon.
>
> --- In cdcbaa@yahoogroups.com, P L wrote:
> >
> > Sounds like what yourclient needs is to strip-off the lien while in Chapter7.Jim and I are working together on a couple ofhis cases right now; one by motion one> > Peter M. Lively, JD/MBA
> > 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: Tue, June 1, 2010 4:13:11 PM
> > Subject: Re: [cdcbaa] 6 Month Plan?
> >
> >
> > You seem to be talking about the In re Kagenveama case. In practice, Chapter 13 trustees take the position that the holding in that case applies only to above-median debtors and that below-median debtors are still bound to the minimum 3 year plan. You usually have to pay at least $100 per month -- I've tried to pay less and to have a plan for less than a year to no avail.
> >
> >
> > On Tue, Jun 1, 2010 at 3:10 PM, encino1000 wrote:
> >
> >
> > >I should add that the Debtor has ZERO disposible monthly income under I and J. I thought the law was that there was no required Commitment Period under such circumstances. Thanks again. Simon.
> > >
> > >
> > >--- In cdcbaa@yahoogroups. com, Giovanni Orantes wrote:
> > >>
> > >> I see you're venturing into non-business bankruptcy. We've met before in
> > >> business bankruptcy cases, but the last time was quite a while ago while I
> > >> was working at Winthrop Couchot. In any event, the minimum commitment
> > >> period for a person under the median is three years unless the person pays
> > >> 100% to unsecureds. Another warning is that the Chapter 13 trustee will
> > >> require her to turn over tax refunds during that period, if she has any.
> > >>
> > >
> > >> On Tue, Jun 1, 2010 at 2:33 PM, encino1000 wrote:
> > >>
> > >> >
> > >> >
> > >> > What is the shortest Commitment Period that I can realistically propose in
> > >> > a Chapter 13 plan. My debtor is below median and has no arrearages to cure
> > >> > or priority claims. Rather, she would like to strip a lien and then get out
> > >> > of Dodge. Any thoughts on the subject. Thanks for your help as always.
> > >> > Simon.
> > >> >
> > >> > Simon J. Dunstan
> > >> > HUGHES & DUNSTAN, LLP
> > >> > Suite 1960
> > >> > 21650 Oxnard Street
> > >> > Woodland Hills, California 91367
> > >> > T. (818) 715-9558
> > >> > F. (818) 715-9559
> > >> >
> > >> >
> > >> >
> > >>
> > >>
> > >>
> > >
> > >> --
> > >> Giovanni Orantes, Esq.
> > >> Orantes Law Firm, P.C.
> > >> 3435 Wilshire Blvd. Suite 1980
> > >> Los Angeles, CA 90010
> > >> Tel: (213) 389-4362
> > >> Phone: (888) 619-8222 x101
> > >> Fax: (877) 789-5776
> > >> e-mail: go@
> > >
> > >> website: www.gobklaw. com
> > >>
> > >> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
> > >>
> > >> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> > >> AND SANTA BARBARA.
> > >>
> > >> Note: The information contained in this e-mail message is confidential
> > >> information intended only for the use of the individual or entity named. If
> > >> the reader of this message is not the intended recipient or an agent
> > >> responsible for delivering it to the intended recipient, you are hereby
> > >> notified that any dissemination, distribution or copy of this communication
> > >> is strictly prohibited. If you have received this communication in error,
> > >> please immediately notify us by telephone or e-mail and delete the original
> > >> e-mail " at (213) 389-4362 or (888) 619-8222.
> > >>
> > >> IRS Circular 230 Disclosure: In order to comply with requirements imposed by
> > >> the Internal Revenue Service, we inform you that any U.S. tax advice
> > >> contained in this communication (including any attachments) is not intended
> > >> 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 herein.
> > >>
> > >
> > >
> >
> >
> > --
> > Giovanni Orantes, Esq.
> > Orantes Law Firm, P.C.
> > 3435 Wilshire Blvd. Suite 1980
> > Los Angeles, CA 90010
> > Tel: (213) 389-4362
> > Phone: (888) 619-8222 x101
> > Fax: (877) 789-5776
> > e-mail: go@
> > website: www.gobklaw. com
> >
> > WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
> >
> > SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.
> >
> > Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail > >
> > IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
> >
>
The post was migrated from Yahoo.
See the group library forthematerials from the 5/22 MCLE.
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: Tue, June 1, 2010 6:15:43 PM
Subject: [cdcbaa] Re: 6 Month Plan?
Peter: Under what theory can a consensual lien be stripped in Chapter 7? It was my understanding that this could only be done in a Chapter 13. Any way, Kagenveama seems fairly clear with regard to the Commitment Period and a limitation to above-median debtors makes no sense. That said, I was looking for, and do appreciate, the real life experience of our members on this one. Thanks again. Simon.
>
> Sounds like what yourclient needs is to strip-off the lien while in Chapter7.Jim and I are working together on a couple ofhis cases right now; one by motion one> Peter M. Lively, JD/MBA
> 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: Tue, June 1, 2010 4:13:11 PM
> Subject: Re: [cdcbaa] 6 Month Plan?
>
>
> You seem to be talking about the In re Kagenveama case. In practice, Chapter 13 trustees take the position that the holding in that case applies only to above-median debtors and that below-median debtors are still bound to the minimum 3 year plan. You usually have to pay at least $100 per month -- I've tried to pay less and to have a plan for less than a year to no avail.
>
>
> On Tue, Jun 1, 2010 at 3:10 PM, encino1000 wrote:
>
>
> >I should add that the Debtor has ZERO disposible monthly income under I and J. I thought the law was that there was no required Commitment Period under such circumstances. Thanks again. Simon.
> >
> >
> >--- In cdcbaa@yahoogroups. com, Giovanni Orantes wrote:
> >>
> >> I see you're venturing into non-business bankruptcy. We've met before in
> >> business bankruptcy cases, but the last time was quite a while ago while I
> >> was working at Winthrop Couchot. In any event, the minimum commitment
> >> period for a person under the median is three years unless the person pays
> >> 100% to unsecureds. Another warning is that the Chapter 13 trustee will
> >> require her to turn over tax refunds during that period, if she has any.
> >>
> >
> >> On Tue, Jun 1, 2010 at 2:33 PM, encino1000 wrote:
> >>
> >> >
> >> >
> >> > What is the shortest Commitment Period that I can realistically propose in
> >> > a Chapter 13 plan. My debtor is below median and has no arrearages to cure
> >> > or priority claims. Rather, she would like to strip a lien and then get out
> >> > of Dodge. Any thoughts on the subject. Thanks for your help as always.
> >> > Simon.
> >> >
> >> > Simon J. Dunstan
> >> > HUGHES & DUNSTAN, LLP
> >> > Suite 1960
> >> > 21650 Oxnard Street
> >> > Woodland Hills, California 91367
> >> > T. (818) 715-9558
> >> > F. (818) 715-9559
> >> >
> >> >
> >> >
> >>
> >>
> >>
> >
> >> --
> >> Giovanni Orantes, Esq.
> >> Orantes Law Firm, P.C.
> >> 3435 Wilshire Blvd. Suite 1980
> >> Los Angeles, CA 90010
> >> Tel: (213) 389-4362
> >> Phone: (888) 619-8222 x101
> >> Fax: (877) 789-5776
> >> e-mail: go@
> >
> >> website: www.gobklaw. com
> >>
> >> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
> >>
> >> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> >> AND SANTA BARBARA.
> >>
> >> Note: The information contained in this e-mail message is confidential
> >> information intended only for the use of the individual or entity named. If
> >> the reader of this message is not the intended recipient or an agent
> >> responsible for delivering it to the intended recipient, you are hereby
> >> notified that any dissemination, distribution or copy of this communication
> >> is strictly prohibited. If you have received this communication in error,
> >> please immediately notify us by telephone or e-mail and delete the original
> >> e-mail " at (213) 389-4362 or (888) 619-8222.
> >>
> >> IRS Circular 230 Disclosure: In order to comply with requirements imposed by
> >> the Internal Revenue Service, we inform you that any U.S. tax advice
> >> contained in this communication (including any attachments) is not intended
> >> 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 herein.
> >>
> >
> >
>
>
> --
> Giovanni Orantes, Esq.
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 1980
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Phone: (888) 619-8222 x101
> Fax: (877) 789-5776
> e-mail: go@...
> website: www.gobklaw. com
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.
>
> Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail >
> IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
>
See the group library for the materials from the 5/22 MCLE. 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: encino1000 <pleabargain@msn.com>To: cdcbaa@yahoogroups.comSent: Tue, June 1, 2010 6:15:43 PMSubject: [cdcbaa] Re: 6 Month Plan?
Peter: Under what theory can a consensual lien be stripped in Chapter 7? It was my understanding that this could only be done in a Chapter 13. Any way, Kagenveama seems fairly clear with regard to the Commitment Period and a limitation to above-median debtors makes no sense. That said, I was looking for, and do appreciate, the real life experience of our members on this one. Thanks again. Simon.--- In cdcbaa@yahoogroups.com, P L <petermlively2000@...> wrote:>> Sounds like what your client needs is to strip-off the lien while in Chapter 7. Jim and I are working together on a couple of his cases right now; one by motion one by adversary complaint. > rsonal 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: Tue, June 1, 2010 4:13:11 PM> Subject: Re: [cdcbaa] 6 Month Plan?> > > You seem to be talking about the In re Kagenveama case. In practice, Chapter 13 trustees take the position that the holding in that case applies only to above-median debtors and that below-median debtors are still bound to the minimum 3 year plan. You usually have to pay at least $100 per month -- I've tried to pay less and to have a plan for less than a year to no avail.> > > On Tue, Jun 1, 2010 at 3:10 PM, encino1000 <pleabargain@ msn.com> wrote:> > > >I should add that the Debtor has
ZERO disposible monthly income under I and J. I thought the law was that there was no required Commitment Period under such circumstances. Thanks again. Simon.> >> >> >--- In cdcbaa@yahoogroups. com, Giovanni Orantes <go@> wrote:> >>> >> I see you're venturing into non-business bankruptcy. We've met before in> >> business bankruptcy cases, but the last time was quite a while ago while I> >> was working at Winthrop Couchot. In any event, the minimum commitment> >> period for a person under the median is three years unless the person pays> >> 100% to unsecureds. Another warning is that the Chapter 13 trustee will> >> require her to turn over tax refunds during that period, if she has any.> >> > >> >> On Tue, Jun 1, 2010 at 2:33 PM, encino1000 <pleabargain@ ...> wrote:> >>
> >> >> >> >> >> > What is the shortest Commitment Period that I can realistically propose in> >> > a Chapter 13 plan. My debtor is below median and has no arrearages to cure> >> > or priority claims. Rather, she would like to strip a lien and then get out> >> > of Dodge. Any thoughts on the subject. Thanks for your help as always.> >> > Simon.> >> >> >> > Simon J. Dunstan> >> > HUGHES & DUNSTAN, LLP> >> > Suite 1960> >> > 21650 Oxnard Street> >> > Woodland Hills, California 91367> >> > T. (818) 715-9558> >> > F. (818) 715-9559> >> >> >> > > >> >> >> > >> > >> > >> >> -- > >> Giovanni Orantes,
Esq.> >> Orantes Law Firm, P.C.> >> 3435 Wilshire Blvd. Suite 1980> >> Los Angeles, CA 90010> >> Tel: (213) 389-4362> >> Phone: (888) 619-8222 x101> >> Fax: (877) 789-5776> >> e-mail: go@ > >> >> website: www.gobklaw. com> >> > >> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.> >> > >> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO> >> AND SANTA BARBARA.> >> > >> Note: The information contained in this e-mail message is confidential> >> information intended only for the use of the individual or entity named. If> >> the reader of this message is not the intended recipient or an agent> >> responsible for delivering it to the intended recipient, you are hereby> >>
notified that any dissemination, distribution or copy of this communication> >> is strictly prohibited. If you have received this communication in error,> >> please immediately notify us by telephone or e-mail and delete the original> >> e-mail " at (213) 389-4362 or (888) 619-8222.> >> > >> IRS Circular 230 Disclosure: In order to comply with requirements imposed by> >> the Internal Revenue Service, we inform you that any U.S. tax advice> >> contained in this communication (including any attachments) is not intended> >> 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 herein.> >>> >> >> > > -- >
Giovanni Orantes, Esq. > Orantes Law Firm, P.C.> 3435 Wilshire Blvd. Suite 1980> Los Angeles, CA 90010> Tel: (213) 389-4362> Phone: (888) 619-8222 x101> Fax: (877) 789-5776> e-mail: go@...> website: www.gobklaw. com> > WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.> > SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.> > Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and
delete the original e-mail " at (213) 389-4362 or (888) 619-8222.> > IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.>
The post was migrated from Yahoo.
Peter: Under what theory can a consensual lien be stripped in Chapter 7? It was my understanding that this could only be done in a Chapter 13. Any way, Kagenveama seems fairly clear with regard to the Commitment Period and a limitation to above-median debtors makes no sense. That said, I was looking for, and do appreciate, the real life experience of our members on this one. Thanks again. Simon.
>
> Sounds like what yourclient needs is to strip-off the lien while in Chapter7.Jim and I are working together on a couple of> Peter M. Lively, JD/MBA
> 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: Tue, June 1, 2010 4:13:11 PM
> Subject: Re: [cdcbaa] 6 Month Plan?
>
>
> You seem to be talking about the In re Kagenveama case. In practice, Chapter 13 trustees take the position that the holding in that case applies only to above-median debtors and that below-median debtors are still bound to the minimum 3 year plan. You usually have to pay at least $100 per month -- I've tried to pay less and to have a plan for less than a year to no avail.
>
>
> On Tue, Jun 1, 2010 at 3:10 PM, encino1000 wrote:
>
>
> >I should add that the Debtor has ZERO disposible monthly income under I and J. I thought the law was that there was no required Commitment Period under such circumstances. Thanks again. Simon.
> >
> >
> >--- In cdcbaa@yahoogroups. com, Giovanni Orantes wrote:
> >>
> >> I see you're venturing into non-business bankruptcy. We've met before in
> >> business bankruptcy cases, but the last time was quite a while ago while I
> >> was working at Winthrop Couchot. In any event, the minimum commitment
> >> period for a person under the median is three years unless the person pays
> >> 100% to unsecureds. Another warning is that the Chapter 13 trustee will
> >> require her to turn over tax refunds during that period, if she has any.
> >>
> >
> >> On Tue, Jun 1, 2010 at 2:33 PM, encino1000 wrote:
> >>
> >> >
> >> >
> >> > What is the shortest Commitment Period that I can realistically propose in
> >> > a Chapter 13 plan. My debtor is below median and has no arrearages to cure
> >> > or priority claims. Rather, she would like to strip a lien and then get out
> >> > of Dodge. Any thoughts on the subject. Thanks for your help as always.
> >> > Simon.
> >> >
> >> > Simon J. Dunstan
> >> > HUGHES & DUNSTAN, LLP
> >> > Suite 1960
> >> > 21650 Oxnard Street
> >> > Woodland Hills, California 91367
> >> > T. (818) 715-9558
> >> > F. (818) 715-9559
> >> >
> >> >
> >> >
> >>
> >>
> >>
> >
> >> --
> >> Giovanni Orantes, Esq.
> >> Orantes Law Firm, P.C.
> >> 3435 Wilshire Blvd. Suite 1980
> >> Los Angeles, CA 90010
> >> Tel: (213) 389-4362
> >> Phone: (888) 619-8222 x101
> >> Fax: (877) 789-5776
> >> e-mail: go@
> >
> >> website: www.gobklaw. com
> >>
> >> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
> >>
> >> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> >> AND SANTA BARBARA.
> >>
> >> Note: The information contained in this e-mail message is confidential
> >> information intended only for the use of the individual or entity named. If
> >> the reader of this message is not the intended recipient or an agent
> >> responsible for delivering it to the intended recipient, you are hereby
> >> notified that any dissemination, distribution or copy of this communication
> >> is strictly prohibited. If you have received this communication in error,
> >> please immediately notify us by telephone or e-mail and delete the original
> >> e-mail " at (213) 389-4362 or (888) 619-8222.
> >>
> >> IRS Circular 230 Disclosure: In order to comply with requirements imposed by
> >> the Internal Revenue Service, we inform you that any U.S. tax advice
> >> contained in this communication (including any attachments) is not intended
> >> 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 herein.
> >>
> >
> >
>
>
> --
> Giovanni Orantes, Esq.
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 1980
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Phone: (888) 619-8222 x101
> Fax: (877) 789-5776
> e-mail: go@...
> website: www.gobklaw. com
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.
>
> Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail >
> IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
>
The post was migrated from Yahoo.
Sounds like what yourclient needs is to strip-off the lien while in Chapter7.Jim and I are working together on a couple ofLaw 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: Tue, June 1, 2010 4:13:11 PM
Subject: Re: [cdcbaa] 6 Month Plan?
You seem to be talking about the In re Kagenveama case. In practice, Chapter 13 trustees take the position that the holding in that case applies only to above-median debtors and that below-median debtors are still bound to the minimum 3 year plan. You usually have to pay at least $100 per month -- I've tried to pay less and to have a plan for less than a year to no avail.
On Tue, Jun 1, 2010 at 3:10 PM, encino1000 wrote:
>I should add that the Debtor has ZERO disposible monthly income under I and J. I thought the law was that there was no required Commitment Period under such circumstances. Thanks again. Simon.
>
>
>--- In cdcbaa@yahoogroups. com, Giovanni Orantes wrote:
>>
>> I see you're venturing into non-business bankruptcy. We've met before in
>> business bankruptcy cases, but the last time was quite a while ago while I
>> was working at Winthrop Couchot. In any event, the minimum commitment
>> period for a person under the median is three years unless the person pays
>> 100% to unsecureds. Another warning is that the Chapter 13 trustee will
>> require her to turn over tax refunds during that period, if she has any.
>>
>
>> On Tue, Jun 1, 2010 at 2:33 PM, encino1000 wrote:
>>
>> >
>> >
>> > What is the shortest Commitment Period that I can realistically propose in
>> > a Chapter 13 plan. My debtor is below median and has no arrearages to cure
>> > or priority claims. Rather, she would like to strip a lien and then get out
>> > of Dodge. Any thoughts on the subject. Thanks for your help as always.
>> > Simon.
>> >
>> > Simon J. Dunstan
>> > HUGHES & DUNSTAN, LLP
>> > Suite 1960
>> > 21650 Oxnard Street
>> > Woodland Hills, California 91367
>> > T. (818) 715-9558
>> > F. (818) 715-9559
>> >
>> >
>> >
>>
>>
>>
>
>> --
>> Giovanni Orantes, Esq.
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 1980
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Phone: (888) 619-8222 x101
>> Fax: (877) 789-5776
>> e-mail: go@...
>
>> website: www.gobklaw. com
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
>> AND SANTA BARBARA.
>>
>> Note: The information contained in this e-mail message is confidential
>> information intended only for the use of the individual or entity named. If
>> the reader of this message is not the intended recipient or an agent
>> responsible for delivering it to the intended recipient, you are hereby
>> notified that any dissemination, distribution or copy of this communication
>> is strictly prohibited. If you have received this communication in error,
>> please immediately notify us by telephone or e-mail and delete the original
>> e-mail at (213) 389-4362 or (888) 619-8222.
>>
>> IRS Circular 230 Disclosure: In order to comply with requirements imposed by
>> the Internal Revenue Service, we inform you that any U.S. tax advice
>> contained in this communication (including any attachments) is not intended
>> 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 herein.
>>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw. com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail
IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
Sounds like what your client needs is to strip-off the lien while in Chapter 7. Jim and I are working together on a couple of his cases right now; one by motion one by adversary complaint. 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: Giovanni Orantes <go@gobklaw.com>To: cdcbaa@yahoogroups.comSent: Tue, June 1, 2010 4:13:11 PMSubject: Re: [cdcbaa] 6 Month Plan?
You seem to be talking about the In re Kagenveama case. In practice, Chapter 13 trustees take the position that the holding in that case applies only to above-median debtors and that below-median debtors are still bound to the minimum 3 year plan. You usually have to pay at least $100 per month -- I've tried to pay less and to have a plan for less than a year to no avail.
On Tue, Jun 1, 2010 at 3:10 PM, encino1000 <
The post was migrated from Yahoo.
You seem to be talking about the In re Kagenveama case. In practice,
Chapter 13 trustees take the position that the holding in that case applies
only to above-median debtors and that below-median debtors are still bound
to the minimum 3 year plan. You usually have to pay at least $100 per
month -- I've tried to pay less and to have a plan for less than a year to
no avail.
On Tue, Jun 1, 2010 at 3:10 PM, encino1000 wrote:
>
>
> I should add that the Debtor has ZERO disposible monthly income under I and
> J. I thought the law was that there was no required Commitment Period under
> such circumstances. Thanks again. Simon.
>
>
> --- In cdcbaa@yahoogroups.com , Giovanni Orantes
> wrote:
> >
> > I see you're venturing into non-business bankruptcy. We've met before in
> > business bankruptcy cases, but the last time was quite a while ago while
> I
> > was working at Winthrop Couchot. In any event, the minimum commitment
> > period for a person under the median is three years unless the person
> pays
> > 100% to unsecureds. Another warning is that the Chapter 13 trustee will
> > require her to turn over tax refunds during that period, if she has any.
> >
> > On Tue, Jun 1, 2010 at 2:33 PM, encino1000 wrote:
> >
> > >
> > >
> > > What is the shortest Commitment Period that I can realistically propose
> in
> > > a Chapter 13 plan. My debtor is below median and has no arrearages to
> cure
> > > or priority claims. Rather, she would like to strip a lien and then get
> out
> > > of Dodge. Any thoughts on the subject. Thanks for your help as always.
> > > Simon.
> > >
> > > Simon J. Dunstan
> > > HUGHES & DUNSTAN, LLP
> > > Suite 1960
> > > 21650 Oxnard Street
> > > Woodland Hills, California 91367
> > > T. (818) 715-9558
> > > F. (818) 715-9559
> > >
> > >
> > >
> >
> >
> >
> > --
> > Giovanni Orantes, Esq.
> > Orantes Law Firm, P.C.
> > 3435 Wilshire Blvd. Suite 1980
> > Los Angeles, CA 90010
> > Tel: (213) 389-4362
> > Phone: (888) 619-8222 x101
> > Fax: (877) 789-5776
> > e-mail: go@...
>
> > website: www.gobklaw.com
> >
> > WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
> >
> > SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN
> BERNARDINO
> > AND SANTA BARBARA.
> >
> > Note: The information contained in this e-mail message is confidential
> > information intended only for the use of the individual or entity named.
> If
> > the reader of this message is not the intended recipient or an agent
> > responsible for delivering it to the intended recipient, you are hereby
> > notified that any dissemination, distribution or copy of this
> communication
> > is strictly prohibited. If you have received this communication in error,
> > please immediately notify us by telephone or e-mail and delete the
> original
> > e-mail at (213) 389-4362 or (888) 619-8222.
> >
> > IRS Circular 230 Disclosure: In order to comply with requirements imposed
> by
> > the Internal Revenue Service, we inform you that any U.S. tax advice
> > contained in this communication (including any attachments) is not
> intended
> > 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 herein.
> >
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by
the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
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 herein.
You seem to be talking about the In re Kagenveama case. In practice, Chapter 13 trustees take the position that the holding in that case applies only to above-median debtors and that below-median debtors are still bound to the minimum 3 year plan. You usually have to pay at least $100 per month -- I've tried to pay less and to have a plan for less than a year to no avail.
On Tue, Jun 1, 2010 at 3:10 PM, encino1000 <pleabargain@msn.com> wrote:
I should add that the Debtor has ZERO disposible monthly income under I and J. I thought the law was that there was no required Commitment Period under such circumstances. Thanks again. Simon.
@yahoogroups.com, Giovanni Orantes <go@...> wrote:
>
The post was migrated from Yahoo.
At NACBA they said that 2 years might work in caseswith no disposable income. Abuse of the bankruptcy system isthe main issue. Jim King wrote an article about the 9th Circuit's decision on this in an old cdcbaa issue.
The post was migrated from Yahoo.
I should add that the Debtor has ZERO disposible monthly income under I and J. I thought the law was that there was no required Commitment Period under such circumstances. Thanks again. Simon.
>
> I see you're venturing into non-business bankruptcy. We've met before in
> business bankruptcy cases, but the last time was quite a while ago while I
> was working at Winthrop Couchot. In any event, the minimum commitment
> period for a person under the median is three years unless the person pays
> 100% to unsecureds. Another warning is that the Chapter 13 trustee will
> require her to turn over tax refunds during that period, if she has any.
>
> On Tue, Jun 1, 2010 at 2:33 PM, encino1000 wrote:
>
> >
> >
> > What is the shortest Commitment Period that I can realistically propose in
> > a Chapter 13 plan. My debtor is below median and has no arrearages to cure
> > or priority claims. Rather, she would like to strip a lien and then get out
> > of Dodge. Any thoughts on the subject. Thanks for your help as always.
> > Simon.
> >
> > Simon J. Dunstan
> > HUGHES & DUNSTAN, LLP
> > Suite 1960
> > 21650 Oxnard Street
> > Woodland Hills, California 91367
> > T. (818) 715-9558
> > F. (818) 715-9559
> >
> >
> >
>
>
>
> --
> Giovanni Orantes, Esq.
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 1980
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Phone: (888) 619-8222 x101
> Fax: (877) 789-5776
> e-mail: go@...
> website: www.gobklaw.com
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA.
>
> Note: The information contained in this e-mail message is confidential
> information intended only for the use of the individual or entity named. If
> the reader of this message is not the intended recipient or an agent
> responsible for delivering it to the intended recipient, you are hereby
> notified that any dissemination, distribution or copy of this communication
> is strictly prohibited. If you have received this communication in error,
> please immediately notify us by telephone or e-mail and delete the original
> e-mail at (213) 389-4362 or (888) 619-8222.
>
> IRS Circular 230 Disclosure: In order to comply with requirements imposed by
> the Internal Revenue Service, we inform you that any U.S. tax advice
> contained in this communication (including any attachments) is not intended
> 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 herein.
>
The post was migrated from Yahoo.
Once youvoid the lien, the debt owed to the former lien holderstill has aclaimagainst the estate although as a general unsecured creditor. Your debtor isstuck with 36months, as a practical matter.
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: Tue, June 1, 2010 2:33:47 PM
Subject: [cdcbaa] 6 Month Plan?
What is the shortest Commitment Period that I can realistically propose in a Chapter 13 plan. My debtor is below median and has no arrearages to cure or priority claims. Rather, she would like to strip a lien and then get out of Dodge. Any thoughts on the subject. Thanks for your help as always. Simon.
Simon J. Dunstan
HUGHES & DUNSTAN, LLP
Suite 1960
21650 Oxnard Street
Woodland Hills, California 91367
T. (818) 715-9558
F. (818) 715-9559
Once you void the lien, the debt owed to the former lien holder still has a claim against the estate although as a general unsecured creditor. Your debtor is stuck with 36 months, as a practical matter. 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: encino1000 <pleabargain@msn.com>To: cdcbaa@yahoogroups.comSent: Tue, June 1, 2010 2:33:47 PMSubject: [cdcbaa] 6 Month Plan?
What is the shortest Commitment Period that I can realistically propose in a Chapter 13 plan. My debtor is below median and has no arrearages to cure or priority claims. Rather, she would like to strip a lien and then get out of Dodge. Any thoughts on the subject. Thanks for your help as always. Simon.Simon J. DunstanHUGHES & DUNSTAN, LLPSuite 196021650 Oxnard StreetWoodland Hills, California 91367T. (818) 715-9558F. (818) 715-9559
The post was migrated from Yahoo.
I see you're venturing into non-business bankruptcy. We've met before in
business bankruptcy cases, but the last time was quite a while ago while I
was working at Winthrop Couchot. In any event, the minimum commitment
period for a person under the median is three years unless the person pays
100% to unsecureds. Another warning is that the Chapter 13 trustee will
require her to turn over tax refunds during that period, if she has any.
On Tue, Jun 1, 2010 at 2:33 PM, encino1000 wrote:
>
>
> What is the shortest Commitment Period that I can realistically propose in
> a Chapter 13 plan. My debtor is below median and has no arrearages to cure
> or priority claims. Rather, she would like to strip a lien and then get out
> of Dodge. Any thoughts on the subject. Thanks for your help as always.
> Simon.
>
> Simon J. Dunstan
> HUGHES & DUNSTAN, LLP
> Suite 1960
> 21650 Oxnard Street
> Woodland Hills, California 91367
> T. (818) 715-9558
> F. (818) 715-9559
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by
the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
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 herein.
The post was migrated from Yahoo.