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Judge EC
I have been thinking about (I have never tried it) a TRO or PI once the
complaint has been filed. What do you think about that idea. Otherwise I
like the Civil Code 1500, 1501 idea.
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.
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My biggest concern is having to tender payments to the holder of the lien
that is to be stripped (I know Lou doesn't like that language). The TD I am
proposing to have determined as unsecured is in favor of the SBA, so it
looks like I will be serving not only the bank, but the Dept of Justice etc.
Has anyone sought to recover the payments tendered to the lienholder after
obtaining a judgment?
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Gentlemen:
I think you should start planning the appeal. I tried to brief the issue
of a Motion over an AP back in June or July and she would not allow me
to do so. Judge Zurzolo might entertain a brief but he is also adamant
that the law requires an AP (but he does not require the debtor make the
second mortgage payments as long as the AP is filed soon after filing).
As far as depositing the payments in an account, I don't believe anyone
has proposed that to Judge Carroll before. I would not be surprised if
she summarily rejects that proposition.
Note: she requires you to serve the note holder. She wants evidence that
the party you serve holds the note and is not merely the servicer.
Nancy B. Clark
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Larry,
Look at California Civil Code Section 1500 and 1501 regarding
depositing payments due into an account at a financial institution.
Tender of funds due into such an account with notice given to the
lender of the account are deemed a proper tender for which late fees
and charges and interest can not be assessed.
Larry, notwithstanding court's position regarding an adversary
proceeding to lien strip, what would be court's position be if you
filed the Motion to Value so that under Timbers no payments were
allowed, and did not ask for the lien to be stripped? Under Timbers
how could court deny the motion to value? If the court did, wouldn't
that be grounds for an interlocutory appeal?
Lou Esbin
>
> I just filed a new 13, held my breath and of course drew EC. I know I
> have to file an AP to value the property (ie lien strip). Has she
> moved off of her position that payments don't have to be made while the
> adversary proceeding is pending? Does she allow payments to be
> tendered to an attorney's trust account pending adjudication of the
> suit?
>
> Any advice would be welcome.
>
> Larry
>
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I just filed a new 13, held my breath and of course drew EC. I know I
have to file an AP to value the property (ie lien strip). Has she
moved off of her position that payments don't have to be made while the
adversary proceeding is pending? Does she allow payments to be
tendered to an attorney's trust account pending adjudication of the
suit?
Any advice would be welcome.
Larry
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