.jpg)
Paying Atty Fees Ahead of Secured Debt Arrears
1325(a)(5) allows whatever payment streamsecured creditor does not objectto.
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: bk ; CDCBAA Listserv ;
bootcamp-attorneys
Sent: Sun, November 28, 2010 4:40:03 PM
Subject: [cdcbaa] Paying Atty Fees Ahead of Secured Debt Arrears
I am preparing a chapter 13 plan with two claims to be paid through the plan:
sing Best Case,
and it is payingin 60 equal paymentssecured creditor arrears ($317 x 60)
simultaneously with the attorney's fees ($33 x 60).
1. Is there any reason why I cannot pay my attorney's fees first in 5 equal
payments ($333 x 6) followed by 45 equal payments ($351 x 54) to the secured
creditor?
2. The mandatory plan form in my district provides in II.A.3:t [sic]
are to be made by the Chapter 13Trustee from the Plan Payment; such secured
debt MAY be paid by the Chapter 13 Trustee commencingwith the inception of Plan
Payments." (capitalization emphasis added) This language appears to be
permissive and not a permanent bar to attorney getting paid ahead of the secured
creditor arrears.
Any suggestions and leads are greatly appreciated.
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
1325(a)(5) allows whatever payment stream secured creditor does not object to. 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: Alik Segal <listserv.inbox@gmail.com>To: bk <bk@nacba.org>; CDCBAA Listserv <cdcbaa@yahoogroups.com>; bootcamp-attorneys <bootcamp-attorneys@googlegroups.com>Sent: Sun, November 28, 2010 4:40:03 PMSubject: [cdcbaa] Paying Atty Fees Ahead of Secured Debt Arrears
I am preparing a chapter 13 plan with two claims to be paid through the plan: chapter 13 attorney's fees and secured creditor arrears. I am using Best Case, and it is paying in 60 equal payments secured creditor arrears ($317 x 60) simultaneously with the attorney's fees ($33 x 60).
1. Is there any reason why I cannot pay my attorney's fees first in 5 equal payments ($333 x 6) followed by 45 equal payments ($351 x 54) to the secured creditor?
2. The mandatory plan form in my district provides in II.A.3: "Notwithstanding 1 and 2 above, ongoing payments on secured debts that [sic] are to be made by the Chapter 13 Trustee from the Plan Payment; such secured debt MAY be paid by the Chapter 13 Trustee commencing with the inception of Plan Payments." (capitalization emphasis added) This language appears to be permissive and not a permanent bar to attorney getting paid ahead of the secured creditor arrears.
Any suggestions and leads are greatly appreciated.-- Alik SegalAlik.Segal@gmail.com310-362-6157Cal. CD, Los Angeles
The post was migrated from Yahoo.
Change the percentage paid to admin from each months payment. The programs set the percentage as the lowest possible for the number of years in the plan. The percentage must be changed for you to be paid more quickly.
D
Sent from my iPhone
On Nov 28, 2010, at 4:40 PM, Alik Segal wrote:
I am preparing a chapter 13 plan with two claims to be paid through the plan: chapter 13 attorney's fees and secured creditor arrears. I am using Best Case, and it is paying in 60 equal payments secured creditor arrears ($317 x 60) simultaneously with the attorney's fees ($33 x 60).
1. Is there any reason why I cannot pay my attorney's fees first in 5 equal payments ($333 x 6) followed by 45 equal payments ($351 x 54) to the secured creditor?
2. The mandatory plan form in my district provides in II.A.3: "Notwithstanding 1 and 2 above, ongoing payments on secured debts that [sic] are to be made by the Chapter 13 Trustee from the Plan Payment; such secured debt MAY be paid by the Chapter 13 Trustee commencing with the inception of Plan Payments." (capitalization emphasis added) This language appears to be permissive and not a permanent bar to attorney getting paid ahead of the secured creditor arrears.
Any suggestions and leads are greatly appreciated.
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
Change the percentage paid to admin from each months payment. The programs set the percentage as the lowest possible for the number of years in the plan. The percentage must be changed for you to be paid more quickly.D Sent from my iPhoneOn Nov 28, 2010, at 4:40 PM, Alik Segal <listserv.inbox@gmail.com> wrote:
I am preparing a chapter 13 plan with two claims to be paid through the plan: chapter 13 attorney's fees and secured creditor arrears. I am using Best Case, and it is paying in 60 equal payments secured creditor arrears ($317 x 60) simultaneously with the attorney's fees ($33 x 60).
1. Is there any reason why I cannot pay my attorney's fees first in 5 equal payments ($333 x 6) followed by 45 equal payments ($351 x 54) to the secured creditor?2. The mandatory plan form in my district provides in II.A.3: "Notwithstanding 1 and 2 above, ongoing payments on secured debts that [sic] are to be made by the Chapter 13 Trustee from the Plan Payment; such secured debt MAY be paid by the Chapter 13 Trustee commencing with the inception of Plan Payments." (capitalization emphasis added) This language appears to be permissive and not a permanent bar to attorney getting paid ahead of the secured creditor arrears.
Any suggestions and leads are greatly appreciated.-- Alik Segal
The post was migrated from Yahoo.
I am preparing a chapter 13 plan with two claims to be paid through the
plan: chapter 13 attorney's fees and secured creditor arrears. I am using
Best Case, and it is paying in 60 equal payments secured creditor arrears
($317 x 60) simultaneously with the attorney's fees ($33 x 60).
1. Is there any reason why I cannot pay my attorney's fees first in 5 equal
payments ($333 x 6) followed by 45 equal payments ($351 x 54) to the secured
creditor?
2. The mandatory plan form in my district provides in II.A.3:
"Notwithstanding 1 and 2 above, ongoing payments on secured debts that
[sic] are to be made by the Chapter 13 Trustee from the Plan Payment; such
secured debt MAY be paid by the Chapter 13 Trustee commencing with the
inception of Plan Payments." (capitalization emphasis added) This language
appears to be permissive and not a permanent bar to attorney getting paid
ahead of the secured creditor arrears.
Any suggestions and leads are greatly appreciated.
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
I am preparing a chapter 13 plan with two claims to be paid through the plan: chapter 13 attorney's fees and secured creditor arrears. I am using Best Case, and it is payingin 60 equal paymentssecured creditor arrears ($317 x 60) simultaneously with the attorney's fees ($33 x 60).
1. Is there any reason why I cannot pay my attorney's fees first in 5 equal payments ($333 x 6) followed by 45 equal payments ($351 x 54) to the secured creditor?2. The mandatory plan form in my district provides in II.A.3: "Notwithstanding 1 and 2 above, ongoing payments on secured debts that [sic] are to be made by the Chapter 13Trustee from the Plan Payment; such secured debt MAY be paid by the Chapter 13 Trustee commencingwith the inception of Plan Payments." (capitalization emphasis added) This language appears to be permissive and not a permanent bar to attorney getting paid ahead of the secured creditor arrears.
Any suggestions and leads are greatly appreciated.-- Alik SegalAlik.Segal@gmail.com310-362-6157Cal. CD, Los Angeles
The post was migrated from Yahoo.