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drafting a ch 11 plan when challenging standing of mortgage lender
Once you object, claim is not automatically allowed, so list as unsecured.
Sent from my iPhone
On Jan 5, 2012, at 6:44 PM, Kirk Brennan wrote:
> Working on drafting the ch 11 plan and disco statement in a case where I have filed an objection to the proof of claim of the mortgage company and filed an adversary proceeding against them for quiet title and declaratory relief.
> I'm not sure how to classify the mortgage lender in the plan in light of our challenge to their standing. Impaired secured claim? That risks an admission that they are creditors.
> Any suggestions? I'm coming up on a deadline to file the plan, so I can't wait for the adversary to run its course.
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> calibankrutpcysite.com
>
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>
>
Once you object, claim is not automatically allowed, so list as unsecured. Sent from my iPhone On Jan 5, 2012, at 6:44 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
Working on drafting the ch 11 plan and disco statement in a case where I
have filed an objection to the proof of claim of the mortgage company
and filed an adversary proceeding against them for quiet title and
declaratory relief.
I'm not sure how to classify the mortgage lender in the plan in light of
our challenge to their standing. Impaired secured claim? That risks
an admission that they are creditors.Any suggestions? I'm coming up on a deadline to file the plan, so I can't wait for the adversary to run its course.-- Kirk Brennan, esq.California Law Office, P.C.
The post was migrated from Yahoo.
Working on drafting the ch 11 plan and disco statement in a case where I
have filed an objection to the proof of claim of the mortgage company and
filed an adversary proceeding against them for quiet title and declaratory
relief.
I'm not sure how to classify the mortgage lender in the plan in light of
our challenge to their standing. Impaired secured claim? That risks an
admission that they are creditors.
Any suggestions? I'm coming up on a deadline to file the plan, so I can't
wait for the adversary to run its course.
Kirk Brennan, esq.
California Law Office, P.C.
calibankrutpcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Working on drafting the ch 11 plan and disco statement in a case where I
have filed an objection to the proof of claim of the mortgage company
and filed an adversary proceeding against them for quiet title and
declaratory relief.
I'm not sure how to classify the mortgage lender in the plan in light of
our challenge to their standing. Impaired secured claim? That risksan admission that they are creditors.Any suggestions? I'm coming up on a deadline to file the plan, so I can't wait for the adversary to run its course.-- Kirk Brennan, esq.California Law Office, P.C.
calibankrutpcysite.comCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
The post was migrated from Yahoo.