ch 13 lam motion after ch 7 discharge

Yahoo Bot · Wed Feb 10, 2010 4:06 pm

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Laches
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.
on
Grace Rodriguez
Sent: Wednesday, February 10, 2010 12:06 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] ch 13 lam motion after ch 7 discharge
Question: Is there a time limit by which one can make a motion to re-open a Chapter 7 Bankruptcy, Make a motion to convert to a 13 and Amend the Statement of Intention? Perhaps a change in income or circumstances warrant granting of such a motion?
R. Grace Rodriguez, Esq.
323-304-5496
On Wed, Feb 10, 2010 at 11:41 AM, Lindsey Green wrote:
Eric-In the Ch. 7 the debtor reaffirmed the junior lien.
Thanx,
Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- Lindsey@gummandgree n.com
To: cdcbaa@yahoogroups. com
Sent: Wednesday, February 10, 2010 11:01 AM
Subject: Re: [cdcbaa] ch 13 lam motion after ch 7 discharge
In a message dated 2/10/2010 10:57:52 AM Pacific Standard Time, lindsey@gummandgree n.com writes:
facts- client and husband get discharge in ch. 7 5 months ago.
Client now wants to file Ch. 13 and strip 2nd in Lam motion.
As no discharge possible, what is effect of Lam motion being granted and with a lack of discharge, will junior lienholder chase client after closure of Ch. 13 case 3 to 5 years down the line?
Thanx, Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- Lindsey@gummandgree n.com
Was the existing second included as a part of the prior chapter 7 case ? Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol. com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
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Laches

David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

Yahoo Bot · Wed Feb 10, 2010 3:11 pm

Grace:
not likely a judge will grant any such motion. You have to vacate the discharge to do such a thing and there are pretty specific rules about vacating a discharge(see 727(d)).
dennis

The post was migrated from Yahoo.

Yahoo Bot · Wed Feb 10, 2010 12:39 pm

The MT case re no lien strip in Ch13after Ch7is In re Winitzky.
I have a potential new client with recent Ch7 discharge (ER)and I'm researching the issue to attempt the Ch13 lien strip. Thisdebtor has student loans to pay during theCh13and was pro se in Ch7 case, whichare mucha better facts than the Winitzky debtors.
If you are considering starting a casewhich will raise this issue or know of any currently pending, please contact me.
Thanks.
Peter
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
1706-B Newport Boulevard, Costa Mesa, CA 92627-3073
Telephone: (949)650-3328
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, February 10, 2010 10:56:59 AM
Subject: [cdcbaa] ch 13 lam motion after ch 7 discharge
facts- client and husband get discharge in ch. 7 5 months ago.
Client now wants to file Ch. 13 and strip 2nd in Lam motion.
As no discharge possible, what is effect of Lam motion being granted and with a lack of discharge, will junior lienholder chase client after closure of Ch. 13 case 3 to 5 years down the line?
Thanx, Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- Lindsey@gummandgree n.com
The MT case re no lien strip in Ch13 after Ch7 is In re Winitzky. Attached

I have a potential new client with recent Ch7 discharge (ER) and I'm researching the issue to attempt the Ch13 lien strip. This debtor has student loans to pay during the Ch13 and was pro se in Ch7 case, which are much a better facts than the Winitzky debtors.

If you are considering starting a case which will raise this issue or know of any currently pending, please contact me.
Thanks.
Peter 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.com
Personal Financial Law Center II1706-B Newport Boulevard, Costa Mesa, CA 92627-3073Telephone: (949)650-3328
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: lindseybgreen <lindsey@gummandgreen.com>To: cdcbaa@yahoogroups.comSent: Wed, February 10, 2010 10:56:59 AMSubject: [cdcbaa] ch 13 lam motion after ch 7 discharge
facts- client and husband get discharge in ch. 7 5 months ago. Client now wants to file Ch. 13 and strip 2nd in Lam motion. As no discharge possible, what is effect of Lam motion being granted and with a lack of discharge, will junior lienholder chase client after closure of Ch. 13 case 3 to 5 years down the line?Thanx, Lindsey B. Green, Esq. Gumm & Green, LLP, Attorneys at Law5743 Corsa Ave., Suite 111Westlake Village, CA 91362phone: 818 707 4233fax: 818 707 4262e-mail- Lindsey@gummandgree n.com

The post was migrated from Yahoo.

Yahoo Bot · Wed Feb 10, 2010 12:06 pm

Question: Is there a time limit by which one can make a motion to re-open a
Chapter 7 Bankruptcy, Make a motion to convert to a 13 and Amend the
Statement of Intention? Perhaps a change in income or circumstances
warrant granting of such a motion?
R. Grace Rodriguez, Esq.
323-304-5496
On Wed, Feb 10, 2010 at 11:41 AM, Lindsey Green wrote:
>
>
>
> Eric-In the Ch. 7 the debtor reaffirmed the junior lien.
> Thanx,
> Lindsey B. Green, Esq.
> Gumm & Green, LLP, Attorneys at Law
> 5743 Corsa Ave., Suite 111
> Westlake Village, CA 91362
> phone: 818 707 4233
> fax: 818 707 4262
> e-mail- Lindsey@gummandgreen.com
>
>
> ----- Original Message -----
> *From:* mitnicklaw@aol.com
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Wednesday, February 10, 2010 11:01 AM
> *Subject:* Re: [cdcbaa] ch 13 lam motion after ch 7 discharge
>
>
>
> In a message dated 2/10/2010 10:57:52 AM Pacific Standard Time,
> lindsey@gummandgreen.com writes:
>
>
>
> facts- client and husband get discharge in ch. 7 5 months ago.
> Client now wants to file Ch. 13 and strip 2nd in Lam motion.
> As no discharge possible, what is effect of Lam motion being granted and
> with a lack of discharge, will junior lienholder chase client after closure
> of Ch. 13 case 3 to 5 years down the line?
>
> Thanx, Lindsey B. Green, Esq.
>
> Gumm & Green, LLP, Attorneys at Law
> 5743 Corsa Ave., Suite 111
> Westlake Village, CA 91362
> phone: 818 707 4233
> fax: 818 707 4262
> e-mail- Lindsey@gummandgreen.com
>
> Was the existing second included as a part of the prior chapter 7 case ?
>
>
> *Law Office of Eric Alan Mitnick*
> 21515 Hawthorne Boulevard, Suite 1080
> Torrance, CA 90503
> (310) 792-5864; 792-5866 (fax)
> MitnickLaw@aol.com
>
> Although this email and any attachments are believed to be free of any
> virus or other defect that might affect any computer system into which it is
> received and opened, it is the responsibility of the recipient to ensure
> that it is virus free and no responsibility is accepted by the sender for
> any loss or damage arising in any way from its use.
>
>
>
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and delete
this e-mail from your system.
Question: Is there a time limit by which one can make a motion to re-open a Chapter 7 Bankruptcy, Make a motion to convert to a 13 and Amend the Statement of Intention? Perhaps a change in income or circumstances warrant granting of such a motion?
R. Grace Rodriguez, Esq.323-304-5496On Wed, Feb 10, 2010 at 11:41 AM, Lindsey Green <lindsey@gummandgreen.com> wrote:
Eric-In the Ch. 7 the debtor reaffirmed the junior
lien.
Thanx,
Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at
Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- Lindsey@gummandgreen.com
----- Original Message -----

From:

The post was migrated from Yahoo.

Yahoo Bot · Wed Feb 10, 2010 12:03 pm

The second trust deed was entirely undwater and they reaffirmed it in
the Chapter 7? Yikes!! The debtors are now personally liable on
the second unless it falls under the purchase money security interest
exception. They have no recourse relating to a Lam motion until they
are eligible for a discharge in Chapter 13.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
On Wed 10/02/10 11:41 AM , "Lindsey Green" lindsey@gummandgreen.com
sent:
Eric-In the Ch. 7 the debtor reaffirmed the junior lien.
Thanx, Lindsey B. Green, Esq. Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111 Westlake Village, CA 91362 phone: 818 707
4233 fax: 818 707 4262 e-mail- Lindsey@gummandgreen.com -----
ORIGINAL MESSAGE ----- FROM: mitnicklaw@aol.com TO:
cdcbaa@yahoogroups.com SENT: Wednesday, February 10, 2010 11:01 AM
SUBJECT: Re: [cdcbaa] ch 13 lam motion after ch 7 discharge
In a message dated 2/10/2010 10:57:52 AM Pacific Standard Time,
lindsey@gummandgreen.com [1] writes:
facts- client and husband get discharge in ch. 7 5 months ago.
Client now wants to file Ch. 13 and strip 2nd in Lam motion.
As no discharge possible, what is effect of Lam motion being granted
and with a lack of discharge, will junior lienholder chase client
after closure of Ch. 13 case 3 to 5 years down the line?
Thanx, Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- Lindsey@gummandgreen.com
Was the existing second included as a part of the prior chapter 7
case ? LAW OFFICE OF ERIC ALAN MITNICK
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Although this email and any attachments are believed to be free of
any virus or other defect that might affect any computer system into
which it is received and opened, it is the responsibility of the
recipient to ensure that it is virus free and no responsibility is
accepted by the sender for any loss or damage arising in any way from
its use.
Links:
[1] mailto:lindsey@gummandgreen.com
[2] mailto:lindsey@gummandgreen.com?subjectRe: [cdcbaa] ch 13 lam
motion after ch 7 discharge
[3] mailto:cdcbaa@yahoogroups.com?subjectRe: [cdcbaa] ch 13 lam
motion after ch 7 discharge
[4]

The post was migrated from Yahoo.

Yahoo Bot · Wed Feb 10, 2010 11:41 am

charset="UTF-8"
Eric-In the Ch. 7 the debtor reaffirmed the junior lien.
Thanx,
Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- Lindsey@gummandgreen.com
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Wednesday, February 10, 2010 11:01 AM
Subject: Re: [cdcbaa] ch 13 lam motion after ch 7 discharge
In a message dated 2/10/2010 10:57:52 AM Pacific Standard Time, lindsey@gummandgreen.com writes:
facts- client and husband get discharge in ch. 7 5 months ago.
Client now wants to file Ch. 13 and strip 2nd in Lam motion.
As no discharge possible, what is effect of Lam motion being granted and with a lack of discharge, will junior lienholder chase client after closure of Ch. 13 case 3 to 5 years down the line?
Thanx, Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- Lindsey@gummandgreen.com
Was the existing second included as a part of the prior chapter 7 case ?
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
charset="UTF-8"

The post was migrated from Yahoo.

Yahoo Bot · Wed Feb 10, 2010 11:01 am

In a message dated 2/10/2010 10:57:52 AM Pacific Standard Time,
lindsey@gummandgreen.com writes:
facts- client and husband get discharge in ch. 7 5 months ago.
Client now wants to file Ch. 13 and strip 2nd in Lam motion.
As no discharge possible, what is effect of Lam motion being granted and
with a lack of discharge, will junior lienholder chase client after closure
of Ch. 13 case 3 to 5 years down the line?
Thanx, Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- _Lindsey@gummandgreeLinds_ (mailto:Lindsey@gummandgreen.com)
Was the existing second included as a part of the prior chapter 7 case ? Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Although this email and any attachments are believed to be free of any
virus or other defect that might affect any computer system into which it is
received and opened, it is the responsibility of the recipient to ensure
that it is virus free and no responsibility is accepted by the sender for any
loss or damage arising in any way from its use.
In a message dated 2/10/2010 10:57:52 AM Pacific Standard Time,
lindsey@gummandgreen.com writes:

facts- client and husband get discharge in ch. 7 5 months ago. Client
now wants to file Ch. 13 and strip 2nd in Lam motion. As no discharge possible, what is effect of Lam motion being granted and with a lack of
discharge, will junior lienholder chase client after closure of Ch. 13 case 3
to 5 years down the line?Thanx, Lindsey B. Green, Esq. Gumm
& Green, LLP, Attorneys at Law5743 Corsa Ave., Suite 111Westlake
Village, CA 91362phone: 818 707 4233fax: 818 707 4262e-mail-
The post was migrated from Yahoo.

Yahoo Bot · Wed Feb 10, 2010 10:56 am

facts- client and husband get discharge in ch. 7 5 months ago.
Client now wants to file Ch. 13 and strip 2nd in Lam motion.
As no discharge possible, what is effect of Lam motion being granted and with a lack of discharge, will junior lienholder chase client after closure of Ch. 13 case 3 to 5 years down the line?
Thanx, Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- Lindsey@gummandgreen.com

The post was migrated from Yahoo.