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plan addendum -- anybody sued under this?=20
Attached are some interesting addendum discussions. I believe our very own Erik Clark briefed the issue in one or both of these cases. They are very helpful against objecting creditors.
To: cdcbaa@yahoogroups.com
Sent: Thursday, October 14, 2010 11:35:17 AM
Subject: Re: [cdcbaa] plan addendum -- anybody sued under this?
An example where the addendum provisions have been used successfully in our jurisdiction (ie - case number) against a servicer for improper conduct as stated in the addendum.
Or - has this been successfully prosecuted in the 9th ?
On Oct 14, 2010, at 11:29 AM, "blc subscriptions" wrote:
I do not understand your question
M. Erik Clark
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.BLClaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
The post was migrated from Yahoo.
Is there a Case Number or something tangible wherein the addendum was put into force?
To: cdcbaa@yahoogroups.com
Sent: Thursday, October 14, 2010 9:47:23 AM
Subject: RE: [cdcbaa] plan addendum -- anybody sued under this?
Pat,
Yes that is t main focus of all the addendum provisions. I think our obligation is to review all pleadings filed by the servicer (MFR, POCs etc) and look for the hidden fees. Then when you find them, and you will, object to them. As for getting paid, you file a supplemental fee app or get the servicer to pay your fees. We have done both. In a perfect world you would order a QWR towards the end of the case to make sure nothing has happened. The other important issue is to alert your client to be on the lookout. Once they know what to look for it is amazing what they can find.
M. Erik Clark
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.BLClaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
The post was migrated from Yahoo.