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Emergency Filing Spouse in Military
I thought of that. However, the problem is that she is not on the loan, only her husband. I think i am going to have to file under both names and use the power of attorney.
I am hoping under the circumstances the trustee will be work with the debtor.
Jonathan Leventhal
>
> Remember that section 524(?) protects a spouse if only one files a 13.
> So, if she's on the loan you could file only under her name too.
> Include his debt just as you have to include his income, too. Some
> would argue this is the better practice to begin with(I.e., file under
> only one spouse's name only). In other words, you have more than one
> option to save their home.
> 1
> On Friday, February 5, 2010, Christine Wilton
> wrote:
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> > Sounds messy. Sounds like you're going to need to file and pick up the pieces later, as far as proper documentation with the courtand signatures.
> >
> > Remember that the debtor must be able to make regular mortgage payments to the trustee under a ch13, until you are able to file for a modification request or some other motion, depending upon the circumstances.
> >
> >
> > Based on what I've been reading here lately, some members of the group have filed cases where the debtor is in prison and not available, so I say file now to stop the foreclosure sale and beg the trustee for forgiveness later.
> >
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> > I know debtors can file as individuals in a chapter 7, even though their married. I'm not sure if there are special rules under a chapter 13, so look at the possibility that she file as an individual and not jointly.> >
> >
> > I would list the loan mod company and lawyer as both debtors and for potential recoveries in civil litigation, if their are any potential claims.
> >
> > Why do people wait until the 11th hour?
> >
> > Good Luck
> >
> >
> > On Fri, Feb 5, 2010 at 4:11 PM, Jonathan wrote:
> >
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> >
> > I have a situation where a PC is losing her home Monday morning. Her husband is in the military out of the country. (She has a power of attorney).
> >
> > She needs to file a chapter 13 to dave her home. My questions is this: Can I do a joint petition under this situation? If so what do i do about the signatures for her husband.
> >
> > Any and all help would be greatly appreciated.
> >
> > PS the PC is currently involved with a lawyer and loan modification company who took money up front. Now the lawyer tells her on Friday that she needs to file BK to save her home being sold on Monday.
> >
> > Jonathan Leventhal
> >
> >
> >
> >
> > --
> > Christine A. Wilton
> > Law Office of Christine A. Wilton
> > 4067 Hardwick Street, #319
> > Lakewood, CA 90712
> > Toll Free: 877-207-6013
> > Cell: 562-824-7563
> > Fax: 562-804-4028
> > Email: attorneychristine@...
> > Web: www.attorneychristine.com
> > Blog: www.losangelesbankruptcylawmonitor.com
> > ***************************
> > This e-mail and any files transmitted with it are private and confidential and are solely for the use of the addressee. It may contain material which is legally privileged. If you are not the addressee or the person responsible for delivering to the addressee, be advised that you have received this e-mail in error and that any use of it is strictly prohibited.
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> --
> Giovanni Orantes, Esq.
> 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@...
> website: www.gobklaw.com
>
> WE 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 at (213) 389-4362 or (888)
> 619-8222.
>
> 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.
Remember that section 524(?) protects a spouse if only one files a 13.
So, if she's on the loan you could file only under her name too.
Include his debt just as you have to include his income, too. Some
would argue this is the better practice to begin with(I.e., file under
only one spouse's name only). In other words, you have more than one
option to save their home.
1
On Friday, February 5, 2010, Christine Wilton
wrote:
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> Sounds messy. Sounds like you're going to need to file and pick up the pieces later, as far as proper documentation with the courtand signatures.
>
> Remember that the debtor must be able to make regular mortgage payments to the trustee under a ch13, until you are able to file for a modification request or some other motion, depending upon the circumstances.
>
>
> Based on what I've been reading here lately, some members of the group have filed cases where the debtor is in prison and not available, so I say file now to stop the foreclosure sale and beg the trustee for forgiveness later.
>
>
> I know debtors can file as individuals in a chapter 7, even though their married. I'm not sure if there are special rules under a chapter 13, so look at the possibility that she file as an individual and not jointly. check out the LBR 3015 section.
>
>
> I would list the loan mod company and lawyer as both debtors and for potential recoveries in civil litigation, if their are any potential claims.
>
> Why do people wait until the 11th hour?
>
> Good Luck
>
>
> On Fri, Feb 5, 2010 at 4:11 PM, Jonathan wrote:
>
>
>
>
>
> I have a situation where a PC is losing her home Monday morning. Her husband is in the military out of the country. (She has a power of attorney).
>
> She needs to file a chapter 13 to dave her home. My questions is this: Can I do a joint petition under this situation? If so what do i do about the signatures for her husband.
>
> Any and all help would be greatly appreciated.
>
> PS the PC is currently involved with a lawyer and loan modification company who took money up front. Now the lawyer tells her on Friday that she needs to file BK to save her home being sold on Monday.
>
> Jonathan Leventhal
>
>
>
>
> --
> Christine A. Wilton
> Law Office of Christine A. Wilton
> 4067 Hardwick Street, #319
> Lakewood, CA 90712
> Toll Free: 877-207-6013
> Cell: 562-824-7563
> Fax: 562-804-4028
> Email: attorneychristine@gmail.com
> Web: www.attorneychristine.com
> Blog: www.losangelesbankruptcylawmonitor.com
> ***************************
> This e-mail and any files transmitted with it are private and confidential and are solely for the use of the addressee. It may contain material which is legally privileged. If you are not the addressee or the person responsible for delivering to the addressee, be advised that you have received this e-mail in error and that any use of it is strictly prohibited.
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
Giovanni Orantes, Esq.
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
WE 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 at (213) 389-4362 or (888)
619-8222.
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.
Sounds messy. Sounds like you're going to need to file and pick up the
pieces later, as far as proper documentation with the court and signatures.
Remember that the debtor must be able to make regular mortgage payments to
the trustee under a ch13, until you are able to file for a modification
request or some other motion, depending upon the circumstances.
Based on what I've been reading here lately, some members of the group have
filed cases where the debtor is in prison and not available, so I say file
now to stop the foreclosure sale and beg the trustee for forgiveness later.
I know debtors can file as individuals in a chapter 7, even though their
married. I'm not sure if there are special rules under a chapter 13, so
look at the possibility that she file as an individual and not jointly.
check out the LBR 3015 section.
I would list the loan mod company and lawyer as both debtors and for
potential recoveries in civil litigation, if their are any potential claims.
Why do people wait until the 11th hour?
Good Luck
On Fri, Feb 5, 2010 at 4:11 PM, Jonathan wrote:
>
>
> I have a situation where a PC is losing her home Monday morning. Her
> husband is in the military out of the country. (She has a power of
> attorney).
>
> She needs to file a chapter 13 to dave her home. My questions is this: Can
> I do a joint petition under this situation? If so what do i do about the
> signatures for her husband.
>
> Any and all help would be greatly appreciated.
>
> PS the PC is currently involved with a lawyer and loan modification company
> who took money up front. Now the lawyer tells her on Friday that she needs
> to file BK to save her home being sold on Monday.
>
> Jonathan Leventhal
>
>
>
Christine A. Wilton
Law Office of Christine A. Wilton
4067 Hardwick Street, #319
Lakewood, CA 90712
Toll Free: 877-207-6013
Cell: 562-824-7563
Fax: 562-804-4028
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
This e-mail and any files transmitted with it are private and confidential
and are solely for the use of the addressee. It may contain material which
is legally privileged. If you are not the addressee or the person
responsible for delivering to the addressee, be advised that you have
received this e-mail in error and that any use of it is strictly prohibited.
Sounds messy. Sounds like you're going to need to file and pick up the pieces later, as far as proper documentation with the courtand signatures.
Remember that the debtor must be able to make regular mortgage payments to the trustee under a ch13, until you are able to file for a modification request or some other motion, depending upon the circumstances.
Based on what I've been reading here lately, some members of the group have filed cases where the debtor is in prison and not available, so I say file now to stop the foreclosure sale and beg the trustee for forgiveness later.
I know debtors can file as individuals in a chapter 7, even though their married. I'm not sure if there are special rules under a chapter 13, so look at the possibility that she file as an individual and not jointly. check out the LBR 3015 section.
I would list the loan mod company and lawyer as both debtors and for potential recoveries in civil litigation, if their are any potential claims.
Why do people wait until the 11th hour?
Good Luck
On Fri, Feb 5, 2010 at 4:11 PM, Jonathan <law@3yl.com> wrote:
I have a situation where a PC is losing her home Monday morning. Her husband is in the military out of the country. (She has a power of attorney).She needs to file a chapter 13 to dave her home. My questions is this: Can I do a joint petition under this situation? If so what do i do about the signatures for her husband.
Any and all help would be greatly appreciated.PS the PC is currently involved with a lawyer and loan modification company who took money up front. Now the lawyer tells her on Friday that she needs to file BK to save her home being sold on Monday.
Jonathan Leventhal
-- Christine A. WiltonLaw Office of Christine A. Wilton4067 Hardwick Street, #319Lakewood, CA 90712
Toll Free: 877-207-6013Cell: 562-824-7563Fax: gmail.com">attorneychristine@gmail.comWeb: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com***************************This e-mail and any files transmitted with it are private and confidential and are solely for the use of the addressee. It may contain material which is legally privileged. If you are not the addressee or the person responsible for delivering to the addressee, be advised that you have received this e-mail in error and that any use of it is strictly prohibited.
The post was migrated from Yahoo.
I have a situation where a PC is losing her home Monday morning. Her husband is in the military out of the country. (She has a power of attorney).
She needs to file a chapter 13 to dave her home. My questions is this: Can I do a joint petition under this situation? If so what do i do about the signatures for her husband.
Any and all help would be greatly appreciated.
PS the PC is currently involved with a lawyer and loan modification company who took money up front. Now the lawyer tells her on Friday that she needs to file BK to save her home being sold on Monday.
Jonathan Leventhal
The post was migrated from Yahoo.