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[NACBA-BK] Retirement account loan collection in spite of
Hey David:
Did we have the same mother?
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Jan 6, 2010, at 4:44 PM, "David A. Tilem" wrote:
My mother always told me that if you don't have anything nice to say about someone, don't say anything.
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.
on
atthew Gary Evans
Sent: Wednesday, January 06, 2010 7:41 AM
To: bk@nacba.org; cdcbaa@yahoogroups.com
Subject: [cdcbaa] RE: [NACBA-BK] Re: Retirement account loan collection in spite of automatic stay
This wasn't the reason she filed bk. However, she seems like she wants to
start using the plan like an ATM machine. I'm having difficulty convincing
her not to make withdrawals. She wants to make another withdrawal to use as
a security deposit for rental housing. She is married to H who filed
jointly. H is unemployed and refusing to find work until after the
discharge because he thinks that's the only way to avoid failing the means
test and having his case dismissed.
I've told W to check carefully with her plan admin about withdrawals and to
follow their instructions exactly. I've advised about early withdrawal
consequences and my recommendation not to contest or try to stop the payroll
deductions, but to no avail. H is adamant that he should not find a job.
Any advice?
____________________________________
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
16 North Marengo Avenue, Room 219
Pasadena, California 91101
Tel.: (626) 405-9448
Fax: (626) 768-7565
Cell: (213) 842-6645
Email: matthew@matthewgaryevanslaw.com
www.matthewgaryevanslaw.com
www.matthewgaryevanslaw.net/Bankruptcy
please visit my blog at matthewevanslaw.wordpress.com
Member: California State Bar, American Bar Association, Consumer Attorneys
Association of Los Angeles, Central District Consumer Bankruptcy Attorneys
Association, National Association of Consumer Bankruptcy Attorneys, Pasadena
Chamber of Commerce
NOTICE: This message is intended only for the individual named. If you are
not the named addressee please do not disseminate, print, or copy this
e-mail. Please notify the sender immediately by reply e-mail if you have
received this e-mail by mistake and delete this e-mail from your system.
Thank you.
LaMountain
Sent: Wednesday, January 06, 2010 4:32 AM
To: bk@nacba.org
Subject: [NACBA-BK] Re: Retirement account loan collection in spite of
automatic stay
I'm quite sure that the 401k program through the employer will make
paying back a mandatory deduction. She'd have to check with hr to see
if it can be converted to a withdrawal, but some instances the loan
was only allowed because it is to be paid back.
I really hope this was not the primary reason client filed bk.
On 1/5/10, Matthew Gary Evans wrote:
> The client has been advised and apparently wants to stop the payments
> anyway. The client wants me to take action to stop them. How do I do
that?
>
>
>
> ____________________________________
>
> Law Office of Matthew Gary Evans
>
> Matthew Gary Evans, Esq.
>
> 16 North Marengo Avenue, Room 219
>
> Pasadena, California 91101
>
> Tel.: (626) 405-9448
>
> Fax: (626) 768-7565
>
> Cell: (213) 842-6645
>
> Email:
> matthew@matthewgaryevanslaw.com
>
> www.matthewgaryevanslaw.com
>
> www.matthewgaryevanslaw.net/Bankruptcy
>
> please visit my blog at
> matthewevanslaw.wordpress.com
>
>
>
> Member: California State Bar, American Bar Association, Consumer Attorneys
> Association of Los Angeles, Central District Consumer Bankruptcy Attorneys
> Association, National Association of Consumer Bankruptcy Attorneys,
Pasadena
> Chamber of Commerce
>
> NOTICE: This message is intended only for the individual named. If you are
> not the named addressee please do not disseminate, print, or copy this
> e-mail. Please notify the sender immediately by reply e-mail if you have
> received this e-mail by mistake and delete this e-mail from your system.
> Thank you.
>
>
>
> Perlman
> Sent: Tuesday, January 05, 2010 8:07 PM
> To: bk@nacba.org
> Subject: [NACBA-BK] Re: Retirement account loan collection in spite of
> automatic stay
>
>
>
> They are not a creditor. Your client is repaying herself and that is a
good
> thing unless she wants to pay penalty and taxes and lose future earnings
> forever.
>
>
> Jim Perlman
> 416 N. Erie Street Suite 100
> Toledo OH 43604
> 419-724-1776
>
>
>
>
> ------------------------------------------
> Unsubscribe from this list by visiting this link:
> http://www.nacba.org/ecomm/unsubscribe.php?lbk
>
>
> ------------------------------------------
> Unsubscribe from this list by visiting this link:
> http://www.nacba.org/ecomm/unsubscribe.php?lbk
Sent from my mobile device
Greta LaMountain, Esq.
Bacon Wilson, P.C./Monsein & MacConnell
6 South East Street
Amherst, MA 01002
Unsubscribe from this list by visiting this link:
http://www.nacba.org/ecomm/unsubscribe.php?lbk
Hey David:Did we have the same mother?Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On Jan 6, 2010, at 4:44 PM, "David A. Tilem" <DavidTilem@TilemLaw.com> wrote:
My mother always told me
that if you don't have anything nice to say about someone, don't say
anything.
David A.
Tilem
The post was migrated from Yahoo.
charset="windows-1251"
My mother always told me that if you don't have anything nice to say about
someone, don't say anything.
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.
Matthew Gary Evans
Sent: Wednesday, January 06, 2010 7:41 AM
To: bk@nacba.org; cdcbaa@yahoogroups.com
Subject: [cdcbaa] RE: [NACBA-BK] Re: Retirement account loan collection in
spite of automatic stay
This wasn't the reason she filed bk. However, she seems like she wants to
start using the plan like an ATM machine. I'm having difficulty convincing
her not to make withdrawals. She wants to make another withdrawal to use as
a security deposit for rental housing. She is married to H who filed
jointly. H is unemployed and refusing to find work until after the
discharge because he thinks that's the only way to avoid failing the means
test and having his case dismissed.
I've told W to check carefully with her plan admin about withdrawals and to
follow their instructions exactly. I've advised about early withdrawal
consequences and my recommendation not to contest or try to stop the payroll
deductions, but to no avail. H is adamant that he should not find a job.
Any advice?
____________________________________
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
16 North Marengo Avenue, Room 219
Pasadena, California 91101
Tel.: (626) 405-9448
Fax: (626) 768-7565
Cell: (213) 842-6645
Email: matthew@matthewgary
evanslaw.com
www.matthewgaryevanslaw.com
www.matthewgaryevanslaw.net/Bankruptcy
please visit my blog at matthewevanslaw.wordpress.com
Member: California State Bar, American Bar Association, Consumer Attorneys
Association of Los Angeles, Central District Consumer Bankruptcy Attorneys
Association, National Association of Consumer Bankruptcy Attorneys, Pasadena
Chamber of Commerce
NOTICE: This message is intended only for the individual named. If you are
not the named addressee please do not disseminate, print, or copy this
e-mail. Please notify the sender immediately by reply e-mail if you have
received this e-mail by mistake and delete this e-mail from your system.
Thank you.
[mailto:bk-bounce@nacba. org] On Behalf Of
Greta
LaMountain
Sent: Wednesday, January 06, 2010 4:32 AM
To: bk@nacba.org
Subject: [NACBA-BK] Re: Retirement account loan collection in spite of
automatic stay
I'm quite sure that the 401k program through the employer will make
paying back a mandatory deduction. She'd have to check with hr to see
if it can be converted to a withdrawal, but some instances the loan
was only allowed because it is to be paid back.
I really hope this was not the primary reason client filed bk.
On 1/5/10, Matthew Gary Evans wrote:
> The client has been advised and apparently wants to stop the payments
> anyway. The client wants me to take action to stop them. How do I do
that?
>
>
>
> ____________________________________
>
> Law Office of Matthew Gary Evans
>
> Matthew Gary Evans, Esq.
>
> 16 North Marengo Avenue, Room 219
>
> Pasadena, California 91101
>
> Tel.: (626) 405-9448
>
> Fax: (626) 768-7565
>
> Cell: (213) 842-6645
>
> Email:
> matthew@matthewgary
evanslaw.com
>
> www.matthewgaryevanslaw.com
>
> www.matthewgaryevanslaw.net/Bankruptcy
>
> please visit my blog at
> matthewevanslaw.wordpress.com
>
>
>
> Member: California State Bar, American Bar Association, Consumer Attorneys
> Association of Los Angeles, Central District Consumer Bankruptcy Attorneys
> Association, National Association of Consumer Bankruptcy Attorneys,
Pasadena
> Chamber of Commerce
>
> NOTICE: This message is intended only for the individual named. If you are
> not the named addressee please do not disseminate, print, or copy this
> e-mail. Please notify the sender immediately by reply e-mail if you have
> received this e-mail by mistake and delete this e-mail from your system.
> Thank you.
>
>
>
[mailto:bk-bounce@nacba. org] On Behalf Of
Jim
> Perlman
> Sent: Tuesday, January 05, 2010 8:07 PM
> To: bk@nacba.org
> Subject: [NACBA-BK] Re: Retirement account loan collection in spite of
> automatic stay
>
>
>
> They are not a creditor. Your client is repaying herself and that is a
good
> thing unless she wants to pay penalty and taxes and lose future earnings
> forever.
>
>
> Jim Perlman
> 416 N. Erie Street Suite 100
> Toledo OH 43604
> 419-724-1776
>
>
>
>
> ------------------------------------------
> Unsubscribe from this list by visiting this link:
> http://www.nacba.
org/ecomm/unsubscribe.php?lbk
>
>
> ------------------------------------------
> Unsubscribe from this list by visiting this link:
> http://www.nacba.
org/ecomm/unsubscribe.php?lbk
Sent from my mobile device
Greta LaMountain, Esq.
Bacon Wilson, P.C./Monsein & MacConnell
6 South East Street
Amherst, MA 01002
Unsubscribe from this list by visiting this link:
http://www.nacba.
org/ecomm/unsubscribe.php?lbk
charset="windows-1251"
Message
My mother always told me
that if you don't have anything nice to say about someone, don't say
anything.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
This wasn't the reason she filed bk. However, she seems like she wants to
start using the plan like an ATM machine. I'm having difficulty convincing
her not to make withdrawals. She wants to make another withdrawal to use as
a security deposit for rental housing. She is married to H who filed
jointly. H is unemployed and refusing to find work until after the
discharge because he thinks that's the only way to avoid failing the means
test and having his case dismissed.
I've told W to check carefully with her plan admin about withdrawals and to
follow their instructions exactly. I've advised about early withdrawal
consequences and my recommendation not to contest or try to stop the payroll
deductions, but to no avail. H is adamant that he should not find a job.
Any advice?
____________________________________
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
16 North Marengo Avenue, Room 219
Pasadena, California 91101
Tel.: (626) 405-9448
Fax: (626) 768-7565
Cell: (213) 842-6645
Email: matthew@matthewgaryevanslaw.com
www.matthewgaryevanslaw.com
www.matthewgaryevanslaw.net/Bankruptcy
please visit my blog at matthewevanslaw.wordpress.com
Member: California State Bar, American Bar Association, Consumer Attorneys
Association of Los Angeles, Central District Consumer Bankruptcy Attorneys
Association, National Association of Consumer Bankruptcy Attorneys, Pasadena
Chamber of Commerce
NOTICE: This message is intended only for the individual named. If you are
not the named addressee please do not disseminate, print, or copy this
e-mail. Please notify the sender immediately by reply e-mail if you have
received this e-mail by mistake and delete this e-mail from your system.
LaMountain
Sent: Wednesday, January 06, 2010 4:32 AM
To: bk@nacba.org
Subject: [NACBA-BK] Re: Retirement account loan collection in spite of
automatic stay
I'm quite sure that the 401k program through the employer will make
paying back a mandatory deduction. She'd have to check with hr to see
if it can be converted to a withdrawal, but some instances the loan
was only allowed because it is to be paid back.
I really hope this was not the primary reason client filed bk.
On 1/5/10, Matthew Gary Evans wrote:
> The client has been advised and apparently wants to stop the payments
> anyway. The client wants me to take action to stop them. How do I do
that?
>
>
>
> ____________________________________
>
> Law Office of Matthew Gary Evans
>
> Matthew Gary Evans, Esq.
>
> 16 North Marengo Avenue, Room 219
>
> Pasadena, California 91101
>
> Tel.: (626) 405-9448
>
> Fax: (626) 768-7565
>
> Cell: (213) 842-6645
>
> Email:
> matthew@matthewgaryevanslaw.com
>
> www.matthewgaryevanslaw.com
>
> www.matthewgaryevanslaw.net/Bankruptcy
>
> please visit my blog at
> matthewevanslaw.wordpress.com
>
>
>
> Member: California State Bar, American Bar Association, Consumer Attorneys
> Association of Los Angeles, Central District Consumer Bankruptcy Attorneys
> Association, National Association of Consumer Bankruptcy Attorneys,
Pasadena
> Chamber of Commerce
>
> NOTICE: This message is intended only for the individual named. If you are
> not the named addressee please do not disseminate, print, or copy this
> e-mail. Please notify the sender immediately by reply e-mail if you have
> received this e-mail by mistake and delete this e-mail from your system.
> Thank you.
>
>
>
> Perlman
> Sent: Tuesday, January 05, 2010 8:07 PM
> To: bk@nacba.org
> Subject: [NACBA-BK] Re: Retirement account loan collection in spite of
> automatic stay
>
>
>
> They are not a creditor. Your client is repaying herself and that is a
good
> thing unless she wants to pay penalty and taxes and lose future earnings
> forever.
>
>
> Jim Perlman
> 416 N. Erie Street Suite 100
> Toledo OH 43604
> 419-724-1776
>
>
>
>
> ------------------------------------------
> Unsubscribe from this list by visiting this link:
> http://www.nacba.org/ecomm/unsubscribe.php?lbk
>
>
> ------------------------------------------
> Unsubscribe from this list by visiting this link:
> http://www.nacba.org/ecomm/unsubscribe.php?lbk
Sent from my mobile device
Greta LaMountain, Esq.
Bacon Wilson, P.C./Monsein & MacConnell
6 South East Street
Amherst, MA 01002
Unsubscribe from this list by visiting this link:
http://www.nacba.org/ecomm/unsubscribe.php?lbk
The post was migrated from Yahoo.