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Ch. 20 question
Dear listmates: I have been researching and talking to a lot of other
attorneys about this issue. I don't think it is fair to say that a Lien
Strip would not be allowed.
I was told that VICTORIA KAUFMAN will allow a lien strip in a "Chapter 20."
Todd Roberts brought to my attention that the form for doing a lien strip
indicates you can request relief upon COMPLETION of THE PLAN as opposed to a
discharge. There are some judges who will grant this motion. However, some
judges are still with the idea that a discharge is NECESSARy in order to get
lien strip.
So it could well be luck of the draw in the Valley. But I don't know which
side of the fence the other judges fall. Anyone know? Discharge vs.
completion of plan.
I think with the right warning to a client that it could be a lottery pull I
don't think those people who were so ILL ADVISED to file a chapter 7 in the
hopes of getting loan modification when they had a 2nd on their home that
could have been stripped..... by the way is that malpractice if those
attorneys didn't tell clients that they had opportunity to get a lien strip
but just because they didn't know how to do a chapter 13 convinced them to
do a 7...... disgusting. I pain for those people. But these are the
people that are now calling me to fix it with a Chapter 13 and I'm telling
them to hold on a sec while I ask the gurus.
Proper disclosure that it may not work and it may be the luck of the draw?
What say some of you?
Best regards
R. Grace Rodriguez, Esq.
but you can call me RENAY!
Hugs
Bye
Dear listmates: I have been researching and talking to a lot of other attorneys about this issue. I don't think it is fair to say that a Lien Strip would not be allowed.I was told that VICTORIA KAUFMAN will allow a lien strip in a "Chapter 20." Todd Roberts brought to my attention that the form for doing a lien strip indicates you can request relief upon COMPLETION of THE PLAN as opposed to a discharge. There are some judges who will grant this motion. However, some judges are still with the idea that a discharge is NECESSARy in order to get lien strip.
So it could well be luck of the draw in the Valley. But I don't know which side of the fence the other judges fall. Anyone know? Discharge vs. completion of plan.I think with the right warning to a client that it could be a lottery pull I don't think those people who were so ILL ADVISED to file a chapter 7 in the hopes of getting loan modification when they had a 2nd on their home that could have been stripped..... by the way is that malpractice if those attorneys didn't tell clients that they had opportunity to get a lien strip but just because they didn't know how to do a chapter 13 convinced them to do a 7...... disgusting. I pain for those people. But these are the people that are now calling me to fix it with a Chapter 13 and I'm telling them to hold on a sec while I ask the gurus.
Proper disclosure that it may not work and it may be the luck of the draw? What say some of you?Best regardsR. Grace Rodriguez, Esq.but you can call me RENAY!Hugs Bye
The post was migrated from Yahoo.
What is the rationale?
On Mon, Apr 11, 2011 at 6:50 PM, Kenneth Jay Schwartz wrote:
>
>
> It would not be allowed
>
> Kenneth Jay Schwartz, Esq.
> LAW OFFICE OF KENNETH JAY SCHWARTZ
> 21031 Ventura Boulevard, Suite 640
> Woodland Hills, California 91364-2226
> Telephone: (818) 226-1205
> Facsimile : (818) 226-1213
>
>
>
> THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE
> PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE.
> THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS
> PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE
> INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE
> DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS
> E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING
> OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
> COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
>
>
> ------------------------------
> *From:* Kirk Brennan
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Mon, April 11, 2011 5:31:56 PM
> *Subject:* Re: [cdcbaa] Ch. 20 question
>
>
>
> So a lien strip motion will fail?
>
> On Mon, Apr 11, 2011 at 4:32 PM, Kenneth Jay Schwartz kennethjschwartz@yahoo.com> wrote:
>
>>
>>
>> Correct. Court will confirm the Plan and issue a notice that no
>> discharge will issue
>>
>> Kenneth Jay Schwartz, Esq.
>> LAW OFFICE OF KENNETH JAY SCHWARTZ
>> 21031 Ventura Boulevard, Suite 640
>> Woodland Hills, California 91364-2226
>> Telephone: (818) 226-1205
>> Facsimile : (818) 226-1213
>>
>>
>>
>> THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL
>> AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS
>> MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED
>> AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
>> RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED
>> RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN
>> ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS
>> MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN
>> ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
>>
>>
>> ------------------------------
>> *From:* Mark J. Markus
>> *To:* cdcbaa@yahoogroups.com
>> *Sent:* Mon, April 11, 2011 3:51:03 PM
>> *Subject:* [cdcbaa] Ch. 20 question
>>
>>
>>
>> Just making sure:
>>
>> If a debtor just completed a Chapter 7 case, but now wants to do a
>> Chapter 13 solely to cure arrearages on their home and reinstate the
>> loans, that can be done, right? There wouldn't be any discharge or
>> lienstripping.
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)509-1460 (fax)
>> web: http://www.bklaw.com/
>> This Firm is a Qualified Federal Debt Relief Agency (see what this
>> means at
>> http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/
>> )
>> ________________________________________________
>> NOTICE: This Electronic Message contains information from the law
>> office of Mark J. Markus that may be privileged. The information is
>> intended for the use of the addressee only. If you are not the
>> addressee, note that any disclosure, copy, distribution or use of
>> the contents of this message is prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
>> imposed by the IRS, we inform you that any U.S. tax advice contained
>> in this communication (or in any attachment) is not intended or
>> written to be used, and cannot be used, for the purpose of (i)
>> avoiding penalties under the Internal Revenue Code or (ii)
>> promoting, marketing or recommending to another party any
>> transaction or matter addressed in this communication.
>>
>>
>
>
> --
> 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.
>
>
>
What is the rationale?
On Mon, Apr 11, 2011 at 6:50 PM, Kenneth Jay Schwartz <kennethjschwartz@yahoo.com> wrote:
It would not be allowed
Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2226Telephone: (818) 226-1205
Facsimile : (818) 226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
From: Kirk Brennan <kirkinhermosa@gmail.com>To: cdcbaa@yahoogroups.com
Sent: Mon, April 11, 2011 5:31:56 PMSubject: Re: [cdcbaa] Ch. 20 question
So a lien strip motion will fail?
On Mon, Apr 11, 2011 at 4:32 PM, Kenneth Jay Schwartz <kennethjschwartz@yahoo.com> wrote:
Correct. Court will confirm the Plan and issue a notice that no discharge will issueKenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2226
Telephone: (818) 226-1205Facsimile : (818) 226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
The post was migrated from Yahoo.
It would not be allowed
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
Telephone: (818) 226-1205
Facsimile : (818) 226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND
CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY
BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND
CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN
AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW,DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY.
THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Mon, April 11, 2011 5:31:56 PM
Subject: Re: [cdcbaa] Ch. 20 question
So a lien strip motion will fail?
On Mon, Apr 11, 2011 at 4:32 PM, Kenneth Jay Schwartz
wrote:
>Correct. Court will confirm the Plan and issue a notice that no discharge will
>issue
> Kenneth Jay Schwartz, Esq.
>LAW OFFICE OF KENNETH JAY SCHWARTZ
>21031 Ventura Boulevard, Suite 640
>Woodland Hills, California 91364-2226
>Telephone: (818) 226-1205
>Facsimile : (818) 226-1213
>
>
>
>
>THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND
>CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY
>BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND
>CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN
>AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY
>NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW,>DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.
>IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY.
>THANK YOU.
>
>
>
>
>
________________________________
>To: cdcbaa@yahoogroups.com
>Sent: Mon, April 11, 2011 3:51:03 PM
>Subject: [cdcbaa] Ch. 20 question
>
>
>
>Just making sure:
>
>If a debtor just completed a Chapter 7 case, but now wants to do a
>Chapter 13 solely to cure arrearages on their home and reinstate the
>loans, that can be done, right? There wouldn't be any discharge or
>lienstripping.
>
>*************************
>Mark J. Markus
>Law Office of Mark J. Markus
>11684 Ventura Blvd. PMB #403
>Studio City, CA 91604-2652
>(818)509-1173 (818)509-1460 (fax)
>web: http://www.bklaw.com/
>This Firm is a Qualified Federal Debt Relief Agency (see what this
>means at
The post was migrated from Yahoo.
So a lien strip motion will fail?
On Mon, Apr 11, 2011 at 4:32 PM, Kenneth Jay Schwartz wrote:
>
>
> Correct. Court will confirm the Plan and issue a notice that no discharge
> will issue
>
> Kenneth Jay Schwartz, Esq.
> LAW OFFICE OF KENNETH JAY SCHWARTZ
> 21031 Ventura Boulevard, Suite 640
> Woodland Hills, California 91364-2226
> Telephone: (818) 226-1205
> Facsimile : (818) 226-1213
>
>
>
> THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL
> AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS
> MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED
> AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
> RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED
> RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN
> ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS
> MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN
> ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
>
>
> ------------------------------
> *From:* Mark J. Markus
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Mon, April 11, 2011 3:51:03 PM
> *Subject:* [cdcbaa] Ch. 20 question
>
>
>
> Just making sure:
>
> If a debtor just completed a Chapter 7 case, but now wants to do a
> Chapter 13 solely to cure arrearages on their home and reinstate the
> loans, that can be done, right? There wouldn't be any discharge or
> lienstripping.
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this
> means at
> http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law
> office of Mark J. Markus that may be privileged. The information is
> intended for the use of the addressee only. If you are not the
> addressee, note that any disclosure, copy, distribution or use of
> the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. tax advice contained
> in this communication (or in any attachment) is not intended or
> written to be used, and cannot be used, for the purpose of (i)
> avoiding penalties under the Internal Revenue Code or (ii)
> promoting, marketing or recommending to another party any
> transaction or matter addressed in this communication.
>
>
>
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.
So a lien strip motion will fail?On Mon, Apr 11, 2011 at 4:32 PM, Kenneth Jay Schwartz <
The post was migrated from Yahoo.
Correct. Court will confirm the Plan and issue a notice that no discharge will
issue
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
Telephone: (818) 226-1205
Facsimile : (818) 226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND
CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY
BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND
CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN
AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW,DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY.
THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Mon, April 11, 2011 3:51:03 PM
Subject: [cdcbaa] Ch. 20 question
Just making sure:
If a debtor just completed a Chapter 7 case, but now wants to do a
Chapter 13 solely to cure arrearages on their home and reinstate the
loans, that can be done, right? There wouldn't be any discharge or
lienstripping.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.
Just making sure:
If a debtor just completed a Chapter 7 case, but now wants to do a
Chapter 13 solely to cure arrearages on their home and reinstate the
loans, that can be done, right? There wouldn't be any discharge or
lienstripping.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.