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scheduling mtg debt for real estate where debtor
absolutely clear. Thanks.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written 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 in this communication.
Dennis McGoldrick wrote:
>
>
> To state the issue more clearly,
>
> filing bankruptcy creates an estate.
>
> when you fill out the schedules, you must list all claims against the
> estate.
>
> If the estate owns property, all claims against the property must be
> listed, as they are claims against the estate.
>
> All claims against the estate count for 109 eligibility.
>
> dennis
>
> --- On *Wed, 12/23/09, David A. Tilem //* wrote:
>
>
> Subject: RE: [cdcbaa] scheduling mtg debt for real estate where
> debtor not on loan
> To: cdcbaa@yahoogroups.com
> Date: Wednesday, December 23, 2009, 3:58 PM
>
>
> yes, why not?
>
>
> *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.
> † Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
> *From:* cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com]
> *On Behalf Of *Mark J. Markus
> *Sent:* Wednesday, December 23, 2009 11:40 AM
> *To:* cdcbaa@yahoogroups. com
> *Subject:* Re: [cdcbaa] scheduling mtg debt for real estate where
> debtor not on loan
>
>
> And in this type of situation would those claims count towards a
> debtor's 109(e) limits?
>
> ************ ********* ****
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw. com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw. com/bankruptcy- blog/2008/ 09/debt-relief- agencies- definition/)
> ____________ _________ _________ _________ _________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written 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 in this communication.
>
>
>
> David A. Tilem wrote:
>> Yes, list claims on schedule D. Claim against debtor includes
>> claim against property owned by debtor. Check the definitions.
>>
>>
>> *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.
>> † Business bankruptcy specialist cert. by Amer. Bd. of Certification
>>
>>
>> -----Original Message-----
>> *From:* cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com]
>> *On Behalf Of *Mark J. Markus
>> *Sent:* Tuesday, December 22, 2009 10:14 AM
>> *To:* cdcbaa@yahoogroups. com
>> *Subject:* [cdcbaa] scheduling mtg debt for real estate where
>> debtor not on loan
>>
>>
>> I'm sure this happens a lot, but for some reason this is my first
>> time:
>>
>> Debtor is on title to a house where debtor's parents live. However,
>> debtor is NOT on any of the loans against the house.
>>
>> Obviously if we file a BK the ownership will get listed in
>> Schedule "A",
>> but do I need to list the mortgages, etc. in Schedule "D" even if
>> debtor
>> isn't obligated on them? And, if not, how is best to make it
>> clear that
>> there is no equity to the debtor? Just list the equity amount as the
>> value of debtor's interest?
>>
>> ************ ********* ****
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)509-1460 (fax)
>> web: http://www.bklaw. com/
>> This Firm is a Qualified Federal Debt Relief Agency (see what
>> this means at http://bklaw. com/bankruptcy- blog/2008/
>> 09/debt-relief- agencies- definition/
>> )
>> ____________ _________ _________ _________ _________
>> NOTICE: This Electronic Message contains information from the law
>> office of Mark J. Markus that may be privileged. The information
>> is intended for the use of the addressee only. If you are not the
>> addressee, note that any disclosure, copy, distribution or use of
>> the contents of this message is prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
>> imposed by the IRS, we inform you that any U.S. tax advice
>> contained in this communication (or in any attachment) is not
>> intended or written 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 in this communication.
>>
>> >
>
>
>
>
>
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