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Ch 7 Hijacked Case has RFS
Use the optional RFS Form on the Court's website and attach a Declaration of the DEBTOR.
The Form has explicit checkbox language for this sadly recurring fact pattern.
This way the creditor gets (d)(4) Relief and the Court does NOT make a finding that "this debtor was involved in scheme to hinder, delay or defraud."
Keith H.
To: cdcbaa
Sent: Wed, Mar 6, 2019 4:40 pm
Subject: [cdcbaa] Ch 7 Hijacked Case has RFS
My ch 7 LA debtor's case was hijacked with real property transferred to her to get the auto stay. A RFS motion has been filed and set for hearing. Debtor doesn't know anything about this property.
Should debtor file a response with the court stating such, or is it ok to do nothing and let the RFS be granted on its own? I recall some discussions on this in the past, but do not recall what is the best practice.Btw, I have not been able to get a response from debtor on providing a signed declaration for the reply to RFS.
Thank you.
The post was migrated from Yahoo.
As I recall, there's a place on the response to RFS form for exactly
this sort of situation. It has a place where (if true) debtor denies
having any interest in the property, which cues the court (and trustee)
into what's going on and debtor's hands are clean. For these reasons,
respond.
On 3/6/2019 6:15 PM, Wesley Avery wamiracle6@yahoo.com [cdcbaa] wrote:
> I would file a response to discourage another property being
> transferred to her.
>
> *Wesley H. Avery, Esq.
> Bankruptcy Trustee
> 758 E. Colorado Blvd. Ste. 210
> Pasadena, CA 91101-2105
> **wavery@thebankruptcylawcenter.com*
> *
> **wes@averytrustee..com* *
> (626) 395-7576 (office)
> (661) 430-5467 (fax)
> (661) 618-7376 (cell) *
>
> *
> Certified Specialist*
> *Bankruptcy Law*
> *State Bar of California*
>
> *
> Board Certified*
> *Business Bankruptcy Law*
> *American Board of Certification*
>
>
> CONFIDENTIALITY NOTICE: The information contained in this e-mail
> transmission is intended only for use of the individual or entity
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> us by return e-mail transmission or by telephone at (661) 618-7376,
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>
>
> On Wednesday, March 6, 2019, 06:12:49 PM PST, 'Desiree Causey
> 714-372-2225' causeylaw@gmail.com [cdcbaa]
> wrote:
>
>
> I have a responded to these RFS with a short statement that Debtor is
> unaware of what the proceedings etc. are about and Debtor did not
> participate. My concern is always about the provision in the code
> about denying a discharge is Debtor hindered, delayed, etc…
>
> Desiree Causey, Esq.
>
> Law Office of Desiree Causey
>
> 7755 Center Avenue, Suite 1100
>
> Huntington Beach, CA 92647
>
> 714-372-2225 (phone)
>
> 714-908-7646 (same fax number)
>
> Privileged And Confidential Communication.
> This electronic transmission, and any documents attached hereto, (a)
> are protected by the Electronic Communications Privacy Act (18 USC §§
> 2510-2521), (b) may contain confidential and/or legally privileged
> information, and (c) are for the sole use of the intended recipient
> named above. If you have received this electronic message in error,
> please notify the sender and delete the electronic message. Any
> disclosure, copying, distribution, or use of the contents of the
> information received in error is strictly prohibited.
>
> Please consider the environment before printing this e-mail.
>
> *From:* cdcbaa@yahoogroups.com
> *Sent:* Wednesday, March 6, 2019 11:31 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Ch 7 Hijacked Case has RFS
>
> Listmates,
>
> My ch 7 LA debtor's case was hijacked with real property transferred
> to her to get the auto stay. A RFS motion has been filed and set for
> hearing. Debtor doesn't know anything about this property..
>
> Should debtor file a response with the court stating such, or is it ok
> to do nothing and let the RFS be granted on its own? I recall some
> discussions on this in the past, but do not recall what is the best
> practice. Btw, I have not been able to get a response from debtor on
> providing a signed declaration for the reply to RFS.
>
> Thank you.
>
> Nancy Korompis
>
> 626-716-7763
>
>
*/Hale Andrew Antico/*
(888) 54-BKLAW
http://www.los-angeles-bankruptcy.net
/Vice-President, Central Dist Consumer Bankruptcy Attorneys' Assn.(CDCBAA)/
/Past President, James T. King Bankruptcy Inn of Court/
/Member, National Association of Consumer Bankruptcy Attorneys (NACBA)/
/We are a federally designated Debt Relief Agency under the United
States Bankruptcy Laws./
/We assist people with finding solutions to their debt problems,
including, where appropriate, assisting them with the filing of
petitions for relief under the United States Bankruptcy Code./
/Email isn't secure, so it's not confidential. By communicating with me
by email, you understand that it's not confidential./
/This does not constitute an electronic signature./
The post was migrated from Yahoo.
I would file a response to discourage another property being transferred to her.
Wesley H. Avery, Esq.
Bankruptcy Trustee
758 E. Colorado Blvd. Ste. 210
Pasadena, CA 91101-2105
wavery@thebankruptcylawcenter.com
wes@averytrustee.com
(626) 395-7576 (office)
(661) 430-5467 (fax)
(661) 618-7376 (cell)
Certified Specialist
Bankruptcy Law
State Bar of California
Board Certified
Business Bankruptcy Law
American Board of Certification
CONFIDENTIALITY NOTICE: The informationcontained in this e-mail transmission is intended only for use of theindividual or entity named above.nsmissions or other information attachedto it, may contain confidential information that is legally privileged.If you are not the intended recipient of this e-mail transmission, or theemployee or agent responsible for delivering it to the intended recipient, youare hereby notified that any disclosure, dissemination, copying, or other useof this transmission or any of the information contained in or attached to itis strictly prohibited.ly notify us by return e-mail transmission or bytelephone at (661) 618-7376, and destroy the original e-mail transmission andits attachments without reading it or saving it in any manner. Thank you.
On Wednesday, March 6, 2019, 06:12:49 PM PST, 'Desiree Causey 714-372-2225' causeylaw@gmail.com [cdcbaa] wrote:
I have a responded to these RFS with a short statement that Debtor is unaware of what the proceedings etc. are about and Debtor did not participate. discharge is Debtor hindered, delayed, etc
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail.
The post was migrated from Yahoo.
You should file a response. Otherwise, you may be consenting to the relief requested in the motion, which typically will include a checkmark that debtor participated in a scheme to hinder, delay, or defraud a creditor.
I have in the past filed a notice of non-opposition to relief from stay, disclaiming any interest in the property, and affirmatively stating that there has been no participation in any of the activities related to the transfer.
You may want to consent to in rem relief.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
Sent from my iPhone
> On Mar 6, 2019, at 11:30 AM, korompisn@yahoo.com [cdcbaa] wrote:
>
> Listmates,
>
>
>
> My ch 7 LA debtor's case was hijacked with real property transferred to her to get the auto stay. A RFS motion has been filed and set for hearing. Debtor doesn't know anything about this property.
>
>
>
> Should debtor file a response with the court stating such, or is it ok to do nothing and let the RFS be granted on its own? I recall some discussions on this in the past, but do not recall what is the best practice. Btw, I have not been able to get a response from debtor on providing a signed declaration for the reply to RFS.
>
>
>
> Thank you.
>
>
>
> Nancy Korompis
>
> 626-716-7763
>
>
The post was migrated from Yahoo.
I have a responded to these RFS with a short statement that Debtor is unaware of what the proceedings etc. are about and Debtor did not participate. My concern is always about the provision in the code about denying a discharge is Debtor hindered, delayed, etc
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail.
The post was migrated from Yahoo.