.jpg)
Justification for objecting to duplicate claim in 13
Perhaps a Rule 9011 motion for sanctions is in order. However, don
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
Important notice required by 11 U.S.C. 528: We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the original message and all copies.
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Privacy Warning: The use of e-mail involves risk that the message may be intercepted by third parties (such as the government). Contacting me by email is your acknowledgment that you waive the risk of emails sent to me, and that you waive the risk of emails sent from me to you. Further, accessing websites carries the risk of detection of your access not only in real time, but also by discovery. If you have ANYTHING that is sensitive to convey to me, it should be given in a face-to-face meeting.
IRS Circular 230 Disclosure: In order to comply with the 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.
Dear Peter,
My Code must be defective, because it doesnt have 11 U.S.C. 152. I wonder if you meant 18 U.S.C. 152(4) and (5).
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
Important notice required by 11 U.S.C. 528: We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the original message and all copies.
Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
Privacy Warning: The use of e-mail involves risk that the message may be intercepted by third parties (such as the government). Contacting me by email is your acknowledgment that you waive the risk of emails sent to me, and that you waive the risk of emails sent from me to you. Further, accessing websites carries the risk of detection of your access not only in real time, but also by discovery. If you have ANYTHING that is sensitive to convey to me, it should be given in a face-to-face meeting.
IRS Circular 230 Disclosure: In order to comply with the 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.
If the POC is supported by a written contract with an attorney's fees clause, you might be able to recover your fees from the creditor after prevailing on the objection to claim.
If the POC is based upon an open-end consumer credit agreement, then consider adding to your letter that requests withdrawal of the duplicate claim, a Rule 3001(c)(3)(B) request for the underlying written contract and a warning that debtor intends to object to claims (original and duplicate) if that contract isn't timely provided.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Friday, September 20, 2019, 12:26:17 PM PDT, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
We did that already, but the creditor only succeeded in filing additional claims.
On Fri, Sep 20, 2019 at 12:24 PM 'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa] wrote:
Send a letter to both claimants requesting withdrawal of the duplicate claim and calling attention to 11 USC 152(4) and (5).
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Friday, September 20, 2019, 12:12:41 PM PDT, Hale Andrew Antico bk.lawyer@gmail.com [cdcbaa] wrote:
I think the bench is wary about attorneys doing claims objections which may not provide an economic benefit to the debtor or others creditors. For an extreme example, objecting to a late claim of a dollar and then submitting a fee app for hundreds of dollars would get on his radar. On the other hand, objecting to a creditor who filed a claim for arrearages that were $5000 too high -- and you have evidence to show it -- would provide an economic benefit to the debtor and other creditors. While I don't think any judge requires it, it wouldn't hurt to include a declaration including your efforts to resolve the issue informally beforehand. And of course, unrelated tangent: remember to include a copy of the claim to which you're objecting. Hale
On 9/20/2019 11:52 AM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
Listmates:
Judge Bason requires a declaration setting forth the economic justification for a claim objection. We have a client who had one of his creditors file duplicate claims. The plan is a zero percent plan, however. I am always afraid of the preclusive effect of failing to object, but with my litigation roots, I may be in the minority. I would greatly appreciate it if you all would share your justification for filing a claim objection.
--
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN WRITING.
Giovanni Orantes, Esq.* Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010 & 3 Park Plaza, Ste 100 Irvine, CA 92614
Tel: 888-777-0201 or (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw..com
website: www.gobklaw.com
*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation Estate Planning Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal advice and should not be relied upon as legal advice unless counsel expressly contracted in writing to provide such advice. Furthermore, 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 --
Hale Andrew Antico
(888) 54-BKLAW
http://www.los-angeles-bankruptcy.net
Vice-President, Central Dist Consumer Bankruptcy Attorneys' Assn.(CDCBAA)
Past President, James T. King Bankruptcy Inn of Court
Member, National Association of Consumer Bankruptcy Attorneys (NACBA)
We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws.
We assist people with finding solutions to their debt problems, including, where appropriate, assisting them with the filing of petitions for relief under the United States Bankruptcy Code.
Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
This does not constitute an electronic signature.
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN WRITING.
Giovanni Orantes, Esq.*Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010&3 Park Plaza, Ste 100Irvine, CA 92614
Tel: 888-777-0201 or (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial LitigationEstate PlanningOutside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal advice and should not be relied upon as legal advice unless counsel expressly contracted in writing to provide such advice. Furthermore, 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 at (213) 389-4362 or (888) 619-8222.
The post was migrated from Yahoo.
We did that already, but the creditor only succeeded in filing additional
claims.
On Fri, Sep 20, 2019 at 12:24 PM 'Peter M. Lively'
petermlively2000@yahoo.com [cdcbaa] wrote:
>
>
> Send a letter to both claimants requesting withdrawal of the duplicate
> claim and calling attention to 11 USC 152(4) and (5).
>
> Peter M. Lively, J.D., M.B.A.
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310)
> 391-2462
>
>
> On Friday, September 20, 2019, 12:12:41 PM PDT, Hale Andrew Antico
> bk.lawyer@gmail.com [cdcbaa] wrote:
>
>
>
>
> I think the bench is wary about attorneys doing claims objections which
> may not provide an economic benefit to the debtor or others creditors. For
> an extreme example, objecting to a late claim of a dollar and then
> submitting a fee app for hundreds of dollars would get on his radar. On the
> other hand, objecting to a creditor who filed a claim for arrearages that
> were $5000 too high -- and you have evidence to show it -- would provide an
> economic benefit to the debtor and other creditors. While I don't think any
> judge requires it, it wouldn't hurt to include a declaration including your
> efforts to resolve the issue informally beforehand. And of course,
> unrelated tangent: remember to include a copy of the claim to which you're
> objecting.
>
> Hale
>
> On 9/20/2019 11:52 AM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
> Listmates:
>
> Judge Bason requires a declaration setting forth the economic
> justification for a claim objection. We have a client who had one of his
> creditors file duplicate claims. The plan is a zero percent plan, however.
> I am always afraid of the preclusive effect of failing to object, but with
> my litigation roots, I may be in the minority. I would greatly appreciate
> it if you all would share your justification for filing a claim objection.
>
> --
> WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
> WRITING.
>
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> &
> 3 Park Plaza, Ste 100
> Irvine, CA 92614
> Tel: 888-777-0201 or (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> **Certified Bankruptcy Specialist, State Bar of California, Board of Legal
> Specialization*
> *Board Certified - Business Bankruptcy Law - American Board of
> Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of
> Certification
> Commercial Litigation
> Estate Planning
> Outside General Counsel
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information in this e-mail message is not intended to be legal
> advice and should not be relied upon as legal advice unless counsel
> expressly contracted in writing to provide such advice. Furthermore, 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
> at (213) 389-4362 or (888) 619-8222.
>
>
>
> --
> *Hale Andrew Antico*
>
> (888) 54-BKLAW
> http://www.los-angeles-bankruptcy.net
>
> *Vice-President, Central Dist Consumer Bankruptcy Attorneys' Assn.(CDCBAA)*
> *Past President, James T. King Bankruptcy Inn of Court*
> *Member, National Association of Consumer Bankruptcy Attorneys (NACBA)*
>
> *We are a federally designated Debt Relief Agency under the United States
> Bankruptcy Laws.*
> *We assist people with finding solutions to their debt problems,
> including, where appropriate, assisting them with the filing of petitions
> for relief under the United States Bankruptcy Code.*
>
> *Email isn't secure, so it's not confidential. By communicating with me by
> email, you understand that it's not confidential.*
>
> *This does not constitute an electronic signature.*
>
>
>
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
&
3 Park Plaza, Ste 100
Irvine, CA 92614
Tel: 888-777-0201 or (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, 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
We did that already, but the creditor only succeeded in filing additional claims.On Fri, Sep 20, 2019 at 12:24 PM 'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Listmates:
Judge Bason requires a declaration setting forth the
economic justification for a claim objection. We have a
client who had one of his creditors file duplicate
claims. The plan is a zero percent plan, however. I am
always afraid of the preclusive effect of failing to
object, but with my litigation roots, I may be in the
minority. I would greatly appreciate it if you all
would share your justification for filing a claim
objection.
--
WE DO NOT ACCEPT
SERVICE BY EMAIL UNLESS
WE HAVE AGREED TO ACCEPT
IT IN WRITING.
Giovanni Orantes,
The post was migrated from Yahoo.
18 USC...
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Friday, September 20, 2019, 12:12:41 PM PDT, Hale Andrew Antico bk.lawyer@gmail.com [cdcbaa] wrote:
I think the bench is wary about attorneys doing claims objections which may not provide an economic benefit to the debtor or others creditors. For an extreme example, objecting to a late claim of a dollar and then submitting a fee app for hundreds of dollars would get on his radar. On the other hand, objecting to a creditor who filed a claim for arrearages that were $5000 too high -- and you have evidence to show it -- would provide an economic benefit to the debtor and other creditors. While I don't think any judge requires it, it wouldn't hurt to include a declaration including your efforts to resolve the issue informally beforehand. And of course, unrelated tangent: remember to include a copy of the claim to which you're objecting. Hale
On 9/20/2019 11:52 AM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
Listmates:
Judge Bason requires a declaration setting forth the economic justification for a claim objection. We have a client who had one of his creditors file duplicate claims. The plan is a zero percent plan, however. I am always afraid of the preclusive effect of failing to object, but with my litigation roots, I may be in the minority. I would greatly appreciate it if you all would share your justification for filing a claim objection.
--
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN WRITING.
Giovanni Orantes, Esq.* Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010 & 3 Park Plaza, Ste 100 Irvine, CA 92614
Tel: 888-777-0201 or (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation Estate Planning Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal advice and should not be relied upon as legal advice unless counsel expressly contracted in writing to provide such advice. Furthermore, 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 --
Hale Andrew Antico
(888) 54-BKLAW
http://www.los-angeles-bankruptcy.net
Vice-President, Central Dist Consumer Bankruptcy Attorneys' Assn.(CDCBAA)
Past President, James T. King Bankruptcy Inn of Court
Member, National Association of Consumer Bankruptcy Attorneys (NACBA)
We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws.
We assist people with finding solutions to their debt problems, including, where appropriate, assisting them with the filing of petitions for relief under the United States Bankruptcy Code.
Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
The post was migrated from Yahoo.
Send a letter to both claimants requesting withdrawal of the duplicate claim and calling attention to 11 USC 152(4) and (5).
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Friday, September 20, 2019, 12:12:41 PM PDT, Hale Andrew Antico bk.lawyer@gmail.com [cdcbaa] wrote:
I think the bench is wary about attorneys doing claims objections which may not provide an economic benefit to the debtor or others creditors. For an extreme example, objecting to a late claim of a dollar and then submitting a fee app for hundreds of dollars would get on his radar. On the other hand, objecting to a creditor who filed a claim for arrearages that were $5000 too high -- and you have evidence to show it -- would provide an economic benefit to the debtor and other creditors. While I don't think any judge requires it, it wouldn't hurt to include a declaration including your efforts to resolve the issue informally beforehand. And of course, unrelated tangent: remember to include a copy of the claim to which you're objecting. Hale
On 9/20/2019 11:52 AM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
Listmates:
Judge Bason requires a declaration setting forth the economic justification for a claim objection. We have a client who had one of his creditors file duplicate claims. The plan is a zero percent plan, however. I am always afraid of the preclusive effect of failing to object, but with my litigation roots, I may be in the minority. I would greatly appreciate it if you all would share your justification for filing a claim objection.
--
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN WRITING.
Giovanni Orantes, Esq.* Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010 & 3 Park Plaza, Ste 100 Irvine, CA 92614
Tel: 888-777-0201 or (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation Estate Planning Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal advice and should not be relied upon as legal advice unless counsel expressly contracted in writing to provide such advice. Furthermore, 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 --
Hale Andrew Antico
(888) 54-BKLAW
http://www.los-angeles-bankruptcy.net
Vice-President, Central Dist Consumer Bankruptcy Attorneys' Assn.(CDCBAA)
Past President, James T. King Bankruptcy Inn of Court
Member, National Association of Consumer Bankruptcy Attorneys (NACBA)
We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws.
We assist people with finding solutions to their debt problems, including, where appropriate, assisting them with the filing of petitions for relief under the United States Bankruptcy Code.
Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
The post was migrated from Yahoo.
I think the bench is wary about attorneys doing claims objections which
may not provide an economic benefit to the debtor or others creditors.
For an extreme example, objecting to a late claim of a dollar and then
submitting a fee app for hundreds of dollars would get on his radar. On
the other hand, objecting to a creditor who filed a claim for arrearages
that were $5000 too high -- and you have evidence to show it -- would
provide an economic benefit to the debtor and other creditors. While I
don't think any judge requires it, it wouldn't hurt to include a
declaration including your efforts to resolve the issue informally
beforehand. And of course, unrelated tangent: remember to include a copy
of the claim to which you're objecting.
Hale
On 9/20/2019 11:52 AM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
> Listmates:
>
> Judge Bason requires a declaration setting forth the economic
> justification for a claim objection. We have a client who had one of
> his creditors file duplicate claims. The plan is a zero percent plan,
> however. I am always afraid of the preclusive effect of failing to
> object, but with my litigation roots, I may be in the minority. I
> would greatly appreciate it if you all would share your justification
> for filing a claim objection.
>
> --
> WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT
> IN WRITING.
>
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> &
> 3 Park Plaza, Ste 100
> Irvine, CA 92614
> Tel: 888-777-0201 or (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> /*Certified Bankruptcy Specialist, State Bar of California, Board of
> Legal Specialization/
> *Board Certified - Business Bankruptcy Law - American Board of
> Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of
> Certification
> Commercial Litigation
> Estate Planning
> Outside General Counsel
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN
> BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information in this e-mail message is not intended to be
> legal advice and should not be relied upon as legal advice unless
> counsel expressly contracted in writing to provide such advice.
> Furthermore, 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 – at
> (213) 389-4362 or (888) 619-8222.
>
*/Hale Andrew Antico/*
(888) 54-BKLAW
http://www.los-angeles-bankruptcy.net
/Vice-President, Central Dist Consumer Bankruptcy Attorneys' Assn.(CDCBAA)/
/Past President, James T. King Bankruptcy Inn of Court/
/Member, National Association of Consumer Bankruptcy Attorneys (NACBA)/
/We are a federally designated Debt Relief Agency under the United
States Bankruptcy Laws./
/We assist people with finding solutions to their debt problems,
including, where appropriate, assisting them with the filing of
petitions for relief under the United States Bankruptcy Code./
/Email isn't secure, so it's not confidential. By communicating with me
by email, you understand that it's not confidential./
/This does not constitute an electronic signature./
The post was migrated from Yahoo.
Listmates:
Judge Bason requires a declaration setting forth the economic justification
for a claim objection. We have a client who had one of his creditors file
duplicate claims. The plan is a zero percent plan, however. I am always
afraid of the preclusive effect of failing to object, but with my
litigation roots, I may be in the minority. I would greatly appreciate it
if you all would share your justification for filing a claim objection.
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
&
3 Park Plaza, Ste 100
Irvine, CA 92614
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Listmates:Judge Bason requires a declaration setting forth the economic justification for a claim objection.e plan is a zero percent plan, however. I am always afraid of the preclusive effect of failing to object, but with my litigation roots, I may be in the minority. I would greatly appreciate it if you all would share your justification for filing a claim objection.--
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