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Converting out of state 13 to a 7 here
Hahaha, I should have known with this case...Conflicting opinions!
Seems like David likes one strategy, Dennis the other....
After thinking about it, I told the client today that before simply dismissing his 13 to refile, it might be more economical to see if the present Washington state attorney might be able and willing to convert it to a 7. Yeah, he'd have to make a trip up there for a new 341A hearing, but he has family he visits there and still better than filing a whole new case from a cost perspective. Sucks from my fee perspective, but I figured that it might be better to try that and if for some reason he wouldn't or couldn't convert it, THEN he could still have his 13 intact, and at that point we could reevaluate and talk about dismissing and refiling a 7 here.
I THINK that was the proper thing to do, he seemed quite happy with me and appreciated that I wasn't just trying to get my fee ahead of his best interests. Hopefully there is some karma there.
>
> Dismiss and refile. If you don't know the procedure up there, you could get a bar.
>
> Sent from my iPhone
>
> On Oct 19, 2010, at 10:44 PM, "t_mannis" wrote:
>
> I'd so love to get some easy ones for a change...
>
> Client lived in Washington state. He filed a 13 there two years ago. The 13 is still ongoing. Why it was a 13 to begin with is iffy, as there really was no surplus income, and there is no house. Assets are all exempt. I have a feeling this was an attorney who simply wanted to charge more so he put him into a 13.
>
> Regardless, about two months ago, Debtor is transferred to SoCal. Needless to say, with the increased cost of living down here, now there is no way to keep up with the 13 plan payments, there is no surplus income, and he passes the Means Test fairly easily.
>
> Forgetting about exemptions (he shouldn't have any problem there either using Washington exemptions), how do you get the 13 there into a 7 here?
>
> I can't file anything there, obviously, and he no longer lives there. The venue issue will solve itself relatively soon, as he will soon have been here the better part of 180 days. Can you simply file a Motion to Convert here and reference the prior case, even though its not a Central District of California case? Seems unlikely, it would need a new case number... I think...
>
> OR, do you dismiss the 13 up there, and start fresh down here? If dismissal is the answer, do you let the 13 get dismissed, or do you move to dismiss the case?
>
> The facts themselves don't seem that strange, as people get transferred all the time. Thoughts?
>
> Todd Mannis, Esq.
>
The post was migrated from Yahoo.
Dismiss and refile. If you don't know the procedure up there, you could get a bar.
Sent from my iPhone
On Oct 19, 2010, at 10:44 PM, "t_mannis" wrote:
I'd so love to get some easy ones for a change...
Client lived in Washington state. He filed a 13 there two years ago. The 13 is still ongoing. Why it was a 13 to begin with is iffy, as there really was no surplus income, and there is no house. Assets are all exempt. I have a feeling this was an attorney who simply wanted to charge more so he put him into a 13.
Regardless, about two months ago, Debtor is transferred to SoCal. Needless to say, with the increased cost of living down here, now there is no way to keep up with the 13 plan payments, there is no surplus income, and he passes the Means Test fairly easily.
Forgetting about exemptions (he shouldn't have any problem there either using Washington exemptions), how do you get the 13 there into a 7 here?
I can't file anything there, obviously, and he no longer lives there. The venue issue will solve itself relatively soon, as he will soon have been here the better part of 180 days. Can you simply file a Motion to Convert here and reference the prior case, even though its not a Central District of California case? Seems unlikely, it would need a new case number... I think...
OR, do you dismiss the 13 up there, and start fresh down here? If dismissal is the answer, do you let the 13 get dismissed, or do you move to dismiss the case?
The facts themselves don't seem that strange, as people get transferred all the time. Thoughts?
Todd Mannis, Esq.
Dismiss and refile. If you don't know the procedure up there, you could get a bar.Sent from my iPhoneOn Oct 19, 2010, at 10:44 PM, "t_mannis" <toddlaw@dslextreme.com> wrote:
I'd so love to get some easy ones for a change...
Client lived in Washington state. He filed a 13 there two years ago. The 13 is still ongoing. Why it was a 13 to begin with is iffy, as there really was no surplus income, and there is no house. Assets are all exempt. I have a feeling this was an attorney who simply wanted to charge more so he put him into a 13.
Regardless, about two months ago, Debtor is transferred to SoCal. Needless to say, with the increased cost of living down here, now there is no way to keep up with the 13 plan payments, there is no surplus income, and he passes the Means Test fairly easily.
Forgetting about exemptions (he shouldn't have any problem there either using Washington exemptions), how do you get the 13 there into a 7 here?
I can't file anything there, obviously, and he no longer lives there. The venue issue will solve itself relatively soon, as he will soon have been here the better part of 180 days. Can you simply file a Motion to Convert here and reference the prior case, even though its not a Central District of California case? Seems unlikely, it would need a new case number... I think...
OR, do you dismiss the 13 up there, and start fresh down here? If dismissal is the answer, do you let the 13 get dismissed, or do you move to dismiss the case?
The facts themselves don't seem that strange, as people get transferred all the time. Thoughts?
Todd Mannis, Esq.
The post was migrated from Yahoo.
Convert case in WA
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.
t_mannis
Sent: Tuesday, October 19, 2010 10:44 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Converting out of state 13 to a 7 here
I'd so love to get some easy ones for a change...
Client lived in Washington state. He filed a 13 there two years ago. The 13
is still ongoing. Why it was a 13 to begin with is iffy, as there really was
no surplus income, and there is no house. Assets are all exempt. I have a
feeling this was an attorney who simply wanted to charge more so he put him
into a 13.
Regardless, about two months ago, Debtor is transferred to SoCal. Needless
to say, with the increased cost of living down here, now there is no way to
keep up with the 13 plan payments, there is no surplus income, and he passes
the Means Test fairly easily.
Forgetting about exemptions (he shouldn't have any problem there either
using Washington exemptions), how do you get the 13 there into a 7 here?
I can't file anything there, obviously, and he no longer lives there. The
venue issue will solve itself relatively soon, as he will soon have been
here the better part of 180 days. Can you simply file a Motion to Convert
here and reference the prior case, even though its not a Central District of
California case? Seems unlikely, it would need a new case number... I
think...
OR, do you dismiss the 13 up there, and start fresh down here? If dismissal
is the answer, do you let the 13 get dismissed, or do you move to dismiss
the case?
The facts themselves don't seem that strange, as people get transferred all
the time. Thoughts?
Todd Mannis, Esq.
Message
Convert case in
WA
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
I'd so love to get some easy ones for a change...
Client lived in Washington state. He filed a 13 there two years ago. The 13 is still ongoing. Why it was a 13 to begin with is iffy, as there really was no surplus income, and there is no house. Assets are all exempt. I have a feeling this was an attorney who simply wanted to charge more so he put him into a 13.
Regardless, about two months ago, Debtor is transferred to SoCal. Needless to say, with the increased cost of living down here, now there is no way to keep up with the 13 plan payments, there is no surplus income, and he passes the Means Test fairly easily.
Forgetting about exemptions (he shouldn't have any problem there either using Washington exemptions), how do you get the 13 there into a 7 here?
I can't file anything there, obviously, and he no longer lives there. The venue issue will solve itself relatively soon, as he will soon have been here the better part of 180 days. Can you simply file a Motion to Convert here and reference the prior case, even though its not a Central District of California case? Seems unlikely, it would need a new case number... I think...
OR, do you dismiss the 13 up there, and start fresh down here? If dismissal is the answer, do you let the 13 get dismissed, or do you move to dismiss the case?
The facts themselves don't seem that strange, as people get transferred all the time. Thoughts?
Todd Mannis, Esq.
The post was migrated from Yahoo.