Questions for UD guru

Yahoo Bot · Wed Jan 13, 2010 9:13 am

charset="windows-1251"
Yes, there is a right to cure in the Civil Code. If you want more about
this, check out the Motion to Assume the Lease in case number 09-22280.
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.
L
Sent: Tuesday, January 12, 2010 10:36 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Questions for UD guru
Under CA law does tenant have right to cure monetary default after judgment
for possession is entered? I think not, but I've never researched this
issue.
The right to cure under non-bankruptcy law is a 362(l)(1)(A) condition
precedent to the right under 362(b)(22) to stay execution of a pre-petition
judgment in residential real property against debtor.
Thank you.
Peter M. Lively, J.D./M.B.A.
Law Offices of Peter M. Lively
Personal Financial Law Center I
11965 Venice Blvd, Suite 301
Los Angeles, CA 90066-3977
310-899-0630
800-307-DEBT (3328)
Fax: 310-899-0632
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706 Newport Boulevard, Suite B
Costa Mesa, California 92627-3073
Telephone: 949-650-DEBT(3328)
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.
charset="windows-1251"
Message
Yes, there is a right to
cure in the Civil Code. If you want more about this, check out the Motion
to Assume the Lease in case number 09-22280.

David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

Yahoo Bot · Tue Jan 12, 2010 2:34 pm

Peter:
you have to give five days notice of the motion to avoid forfieture. Once Sheriff has give five day notice to vacate, probably isn't time. So use auto stay and get the extra days needed.
When debtor is sewer served the UD, first notice is the Sheriff's 5 day notice.
dennis

The post was migrated from Yahoo.

Yahoo Bot · Tue Jan 12, 2010 2:29 pm

Thanks Dennis,
ear that,wherelandlordhas NOT taken possession of the premises, it ispossibile that a state court judge would exercise discretion under CCP 1179 to allow the tenant to cure the monetary default. This is certainly enough to satisfy the 362(l)(1)(A) requirement of "circumstances under which the debtor would be permitted to cure the entire monetary default."
enant to proceed directly under 1179 since 362(l)(1)(B)requires that the debtor deposit with the clerk of the bankruptcy court the cure plus the next 30 days payment, where as 1179 only requires the cure funds.
Peter M. Lively, J.D./M.B.A.
Law Offices of Peter M. Lively
Personal Financial Law Center I
11965 Venice Blvd, Suite 301
Los Angeles, CA 90066-3977
310-899-0630
800-307-DEBT (3328)
Fax: 310-899-0632
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706 Newport Boulevard, Suite B
Costa Mesa, California 92627-3073
Telephone: 949-650-DEBT(3328)
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, January 12, 2010 1:44:46 PM
Subject: Re: [cdcbaa] Questions for UD guru
Peter:
I have successfully used this section in chapter 11's.
File the bk, make the motion to reinstate. Bk Judge will hear it.
dennis
>Subject: Re: [cdcbaa] Questions for UD guru
>To: cdcbaa@yahoogroups. com
>Date: Tuesday, January 12, 2010, 1:40 PM
>
>
>
>Peter:
>
>right to move to vacate alease forfeitureis ccp 1179. This requires a full cure of all payments due.
>Pretty hard for a bk debtor.
>
>dennis
>
>--- On Tue, 1/12/10, P L wrote:
>
>
>>Subject: [cdcbaa] Questions for UD guru
>>To: cdcbaa@yahoogroups. com
>>Date: Tuesday, January 12, 2010, 10:36 AM
>>
>>
>>
>>Under CA law does tenant have right to curemonetary default after judgment for possession is entered? I think not, but I've never researched this issue.
>>
>>The right to cure under non-bankruptcy law is a 362(l)(1)(A)condition precedent to the right under362(b)(22)to stay execution of a pre-petition judgment in residential real property against debtor.
>>
>>Thank you.
>>Peter M. Lively, J.D./M.B.A.
>>Law Offices of Peter M. Lively
>>Personal Financial Law Center I
>>11965 Venice Blvd, Suite 301
>>Los Angeles, CA 90066-3977
>>310-899-0630
>>800-307-DEBT (3328)
>>Fax: 310-899-0632
>>A-Bankruptcy- Attorney. com
>>
>>
>>Personal Financial Law Center II
>>1706 Newport Boulevard, Suite B
>>Costa Mesa, California 92627-3073
>>Telephone: 949-650-DEBT( 3328)
>>
>>
>>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.
>>
>
Thanks Dennis,
Yes, after reviewing CCP 1179 and 11 UST 362(l) it is clear that, where landlord has NOT taken possession of the premises, it is possibile that a state court judge would exercise discretion under CCP 1179 to allow the tenant to cure the monetary default. This is certainly enough to satisfy the 362(l)(1)(A) requirement of "circumstances under which the debtor would be permitted to cure the entire monetary default."
Note that it would be less expensive for the tenant to proceed directly under 1179 since 362(l)(1)(B) requires that the debtor deposit with the clerk of the bankruptcy court the cure plus the next 30 days payment, where as 1179 only requires the cure funds.
Peter M. Lively, J.D./M.B.A.Law Offices of Peter M. Lively Personal Financial Law Center I11965 Venice Blvd, Suite 301 Los Angeles, CA 90066-3977 310-899-0630 800-307-DEBT (3328)Fax: 310-899-0632 A-Bankruptcy-Attorney.com
Personal Financial Law Center II1706 Newport Boulevard, Suite BCosta Mesa, California 92627-3073Telephone: 949-650-DEBT(3328)
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: Dennis McGoldrick <easky1@yahoo.com>To: cdcbaa@yahoogroups.comSent: Tue, January 12, 2010 1:44:46 PMSubject: Re: [cdcbaa] Questions for UD guru
Peter:

I have successfully used this section in chapter 11's.

File the bk, make the motion to reinstate. Bk Judge will hear it.

dennis--- On Tue, 1/12/10, Dennis McGoldrick <easky1@yahoo. com> wrote:
s McGoldrick <easky1@yahoo. com>Subject: Re: [cdcbaa] Questions for UD guruTo: cdcbaa@yahoogroups. comDate: Tuesday, January 12, 2010, 1:40 PM

Peter:

right to move to vacate a lease forfeiture is ccp 1179. This requires a full cure of all payments due.
Pretty hard for a bk debtor.

dennis--- On Tue, 1/12/10, P L <petermlively2000@ yahoo.com> wrote:
lt;petermlively2000@ yahoo.com>Subject: [cdcbaa] Questions for UD guruTo: cdcbaa@yahoogroups. comDate: Tuesday, January 12, 2010, 10:36 AM

Under CA law does tenant have right to cure monetary default after judgment for possession is entered? I think not, but I've never researched this issue.

The right to cure under non-bankruptcy law is a 362(l)(1)(A) condition precedent to the right under 362(b)(22) to stay execution of a pre-petition judgment in residential real property against debtor.

Thank you.
Peter M. Lively, J.D./M.B.A.Law Offices of Peter M. Lively Personal Financial Law Center I11965 Venice Blvd, Suite 301 Los Angeles, CA 90066-3977 310-899-0630 800-307-DEBT (3328)Fax: 310-899-0632 A-Bankruptcy- Attorney. com
Personal Financial Law Center II1706 Newport Boulevard, Suite BCosta Mesa, California 92627-3073Telephone: 949-650-DEBT( 3328)
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.

The post was migrated from Yahoo.

Yahoo Bot · Tue Jan 12, 2010 1:44 pm

Peter:
I have successfully used this section in chapter 11's.
File the bk, make the motion to reinstate. Bk Judge will hear it.
dennis

The post was migrated from Yahoo.

Yahoo Bot · Tue Jan 12, 2010 1:40 pm

Peter:
right to move to vacate alease forfeitureis ccp 1179. This requires a full cure of all payments due.
Pretty hard for a bk debtor.
dennis

The post was migrated from Yahoo.

Yahoo Bot · Tue Jan 12, 2010 10:59 am

OK,Ihave two responses from UD counsel bothconfirming there is no right under CA law to cure the monetary default after entry of judgment for possession. However there apparently is a motion to be relieved of default that requires payment of rent, but this doesn't appear to
Therefore 362(b)(22) is moot in CA.
Law Offices of Peter M. Lively
Personal Financial Law Center I
11965 Venice Blvd, Suite 301
Los Angeles, CA 90066-3977
310-899-0630
800-307-DEBT (3328)
Fax: 310-899-0632
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706 Newport Boulevard, Suite B
Costa Mesa, California 92627-3073
Telephone: 949-650-DEBT(3328)
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, January 12, 2010 10:36:25 AM
Subject: [cdcbaa] Questions for UD guru
Under CA law does tenant have right to curemonetary default after judgment for possession is entered? I think not, but I've never researched this issue.
The right to cure under non-bankruptcy law is a 362(l)(1)(A)condition precedent to the right under362(b)(22)to stay execution of a pre-petition judgment in residential real property against debtor.
Thank you.
Peter M. Lively, J.D./M.B.A.
Law Offices of Peter M. Lively
Personal Financial Law Center I
11965 Venice Blvd, Suite 301
Los Angeles, CA 90066-3977
310-899-0630
800-307-DEBT (3328)
Fax: 310-899-0632
A-Bankruptcy- Attorney. com
Personal Financial Law Center II
1706 Newport Boulevard, Suite B
Costa Mesa, California 92627-3073
Telephone: 949-650-DEBT( 3328)
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.
OK, I have two responses from UD counsel both confirming there is no right under CA law to cure the monetary default after entry of judgment for possession. However there apparently is a motion to be relieved of default that requires payment of rent, but this doesn't appear to help the bankruptcy debtor.

Therefore 362(b)(22) is moot in CA. Peter M. Lively, J.D./M.B.A.Law Offices of Peter M. Lively Personal Financial Law Center I11965 Venice Blvd, Suite 301 Los Angeles, CA 90066-3977 310-899-0630 800-307-DEBT (3328)Fax: 310-899-0632 A-Bankruptcy-Attorney.com
Personal Financial Law Center II1706 Newport Boulevard, Suite BCosta Mesa, California 92627-3073Telephone: 949-650-DEBT(3328)
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: P L <petermlively2000@yahoo.com>To: cdcbaa@yahoogroups.comSent: Tue, January 12, 2010 10:36:25 AMSubject: [cdcbaa] Questions for UD guru
Under CA law does tenant have right to cure monetary default after judgment for possession is entered? I think not, but I've never researched this issue.

The right to cure under non-bankruptcy law is a 362(l)(1)(A) condition precedent to the right under 362(b)(22) to stay execution of a pre-petition judgment in residential real property against debtor.

Thank you.
Peter M. Lively, J.D./M.B.A.Law Offices of Peter M. Lively Personal Financial Law Center I11965 Venice Blvd, Suite 301 Los Angeles, CA 90066-3977 310-899-0630 800-307-DEBT (3328)Fax: 310-899-0632 A-Bankruptcy- Attorney. com
Personal Financial Law Center II1706 Newport Boulevard, Suite BCosta Mesa, California 92627-3073Telephone: 949-650-DEBT( 3328)
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.

The post was migrated from Yahoo.

Yahoo Bot · Tue Jan 12, 2010 10:36 am

Under CA law does tenant have right to curemonetary default after judgment for possession is entered? I think not, but I've never researched this issue.
The right to cure under non-bankruptcy law is a 362(l)(1)(A)condition precedent to the right under362(b)(22)to stay execution of a pre-petition judgment in residential real property against debtor.
Thank you.
Peter M. Lively, J.D./M.B.A.
Law Offices of Peter M. Lively
Personal Financial Law Center I
11965 Venice Blvd, Suite 301
Los Angeles, CA 90066-3977
310-899-0630
800-307-DEBT (3328)
Fax: 310-899-0632
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706 Newport Boulevard, Suite B
Costa Mesa, California 92627-3073
Telephone: 949-650-DEBT(3328)
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.
Under CA law does tenant have right to cure monetary default after judgment for possession is entered? I think not, but I've never researched this issue.

The right to cure under non-bankruptcy law is a 362(l)(1)(A) condition precedent to the right under 362(b)(22) to stay execution of a pre-petition judgment in residential real property against debtor.

Thank you.
Peter M. Lively, J.D./M.B.A.Law Offices of Peter M. Lively Personal Financial Law Center I11965 Venice Blvd, Suite 301 Los Angeles, CA 90066-3977 310-899-0630 800-307-DEBT (3328)Fax: 310-899-0632 A-Bankruptcy-Attorney.com
Personal Financial Law Center II1706 Newport Boulevard, Suite BCosta Mesa, California 92627-3073Telephone: 949-650-DEBT(3328)
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.

The post was migrated from Yahoo.