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Stripping 2nd if only one joint tenant files for Ch13
Can you all check me on this situation, which I believe is similar to this
current thread: 2 roommates; unmarried; same gender; both of their names
appear on title to their residence with two loans against it but only the
name of one of them appears on the loans; despite my advice to do a 13, the
roommate whose name appears on the loans filed a Chapter 7 case and obtained
a discharge already; the second one (whose name only appears on the title
but not the loans) wants to strip the second. Any impediment?
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
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Can you all check me on this situation, which I believe is similar to this current thread: 2 roommates; unmarried; same gender; both of their names appear on title to their residence with two loans against it but only the name of one of them appears on the loans; despite my advice to do a 13, the roommate whose name appears on the loans filed a Chapter 7 case and obtained a discharge already; the second one (whose name only appears on the title but not the loans) wants to strip the second. Any impediment?
-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Phone: (888) 619-8222 x101Fax: (877) 789-5776e-mail: go@gobklaw.com
website: www.gobklaw.comWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
The post was migrated from Yahoo.
Yes, and the debtor should put a post-it in the life insurancepolicybeneficiary pagereminding the spouse of the down-side of his
possibleuntimelydeath.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH
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AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Wed, November 3, 2010 10:59:01 AM
Subject: RE: [cdcbaa] Stripping 2nd if only one joint tenant files for Ch13
OK. I guess my advice to the non-filing spouse would include such wisdom as be
very, very nice to your filing spouse and make sure he/she gets plenty of
exercise and eats well. Essentially the same advice I give my spouse, and that
doesnt work wellso never mind.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of P L
Sent: Wednesday, November 03, 2010 10:53 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Stripping 2nd if only one joint tenant files for Ch13
yes, but the non-filingspouse would remain liable on thenote individually and
subject to collection fromwages after divorce or death of debtor/spouse.
Peter M. Lively, JD/MBA
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH
IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL
AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE
IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT
ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
The post was migrated from Yahoo.
yes, but the non-filingspouse would remain liable on thenote individually and
subject to collection fromwages after divorce or death of debtor/spouse.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH
IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL
AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE
IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT
ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wed, November 3, 2010 10:42:17 AM
Subject: RE: [cdcbaa] Stripping 2nd if only one joint tenant files for Ch13
If the other party is married to the Debtor and the mortgage was taken outduring marriage, wouldnt they get the community property discharge?
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of P L
Sent: Wednesday, November 03, 2010 9:27 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Stripping 2nd if only one joint tenant files for Ch13
Yes,I'm pretty sure the analysis is as follows:
The valuationunder506(a), and the application of 506(d),relate to the asset
(property of the estate) and the claim (against property of the estate and the
debtor), respectively.
The issue you may be concerned with is the remaining liability on the claim by
the joint tenant, if that perosn isa comaker or guarantor on/of the note.
Peter M. Lively, JD/MBA
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH
IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL
AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE
IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT
ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
The post was migrated from Yahoo.
Yes,I'm pretty sure the analysis is as follows:
The valuationunder506(a), and the application of 506(d),relate to the asset
(property of the estate) and the claim (against property of the estate and the
debtor), respectively.
The issue you may be concerned with is the remaining liability on the claim by
the joint tenant, if that perosn isa comaker or guarantor on/of the note.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH
IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL
AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE
IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT
ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tue, November 2, 2010 8:15:56 PM
Subject: [cdcbaa] Stripping 2nd if only one joint tenant files for Ch13
Can a totally unsecured 2nd be stripped off if only one of the joint tenants
files for Chapter 13?
Yes, I'm pretty sure the analysis is as follows:
The valuation under 506(a), and the application of 506(d), relate to the asset (property of the estate) and the claim (against property of the estate and the debtor), respectively.
The issue you may be concerned with is the remaining liability on the claim by the joint tenant, if that perosn is a comaker or guarantor on/of the note. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: GaryB <garybarsegianesq@yahoo.com>To: cdcbaa@yahoogroups.comSent: Tue, November 2, 2010 8:15:56 PMSubject: [cdcbaa] Stripping 2nd if only one joint tenant files for Ch13
Can a totally unsecured 2nd be stripped off if only one of the joint tenants files for Chapter 13?
The post was migrated from Yahoo.
I asked this same question a year ago and never got an answer so I just tried it once and it was successful in santa Barbara - unmarried couple who bought a home together. She filed a 13, he didnt.
>
> Can a totally unsecured 2nd be stripped off if only one of the joint tenants files for Chapter 13?
>
The post was migrated from Yahoo.