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QUESTION: Chapter 13 Plan provides cram-down with no AP payments on
Just received a Motion for Relief from stay because plan has not yet been
confirmed and Trustee isn't sending payments out yet. Not sure what to do
with this one. The Trustee is receiving the payments. The Motion contends
that $2,760 has come due and payable, and my argument in opposition is that
$2,760 has not come due and payable because we modified their rights
pursuant to bankruptcy law to cram-down. They did not oppose the the
Chapter 13 Plan and its too late for them to do so.
Any suggestions for further handling of this issue other than just opposing
the motion?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and delete
this e-mail from your system.
Just received a Motion for Relief from stay because plan has not yet been confirmed and Trustee isn't sending payments out yet. Not sure what to do with this one. The Trustee is receiving the payments. The Motion contends that $2,760 has come due and payable, and my argument in opposition is that $2,760 has not come due and payable because we modified their rights pursuant to bankruptcy law to cram-down. They did not oppose the the Chapter 13 Plan and its too late for them to do so.
Any suggestions for further handling of this issue other than just opposing the motion?-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (323) 304-5496NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
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