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Discharge injunction question
Just to play Devil's Advocate...what if you argued collecting outside SOL
instead of collecting after discharge? And if it is on credit report, that
could bring more FDCPA and FCRA violations as well.
I think the way you are doing it is the surer course, unless there are other
violations, but the other may open up more options UNLESS it would need to
be done in BK court also.
On Jan 9, 2008 6:03 PM, Patrick Green wrote:
> Collection action. The client has the right to be left alone. Outside
> the 9th circuit, it would be an FDCPA action, but here we have to go back
> to the BK court for damages.
>
>
>
> Patrick T. Green
>
> 1010 E. Union Street
>
> Suite 206
>
> Pasadena, CA 91106
>
> Tel: 626-449-8433
>
> Fax: 626-449-0565
>
> pat@fitzgreenlaw.com
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Mtotaro@aol.com
> *Sent:* Wednesday, January 09, 2008 10:58 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Discharge injunction question
>
>
>
> Just curious. What's the point here. Anything from 1992 would be barred by
> the S/L anyway and could be removed from the credit report unless it has
> been reduced to judgment
>
>
>
> Michael R. Totaro J.D., L.LM.
> Totaro & Shanahan
> P.O. Box 789
> Pacific Palisades, CA 90272
> 310 573 0276 (v) 310 712 6317 (f)
>
>
>
> ------------------------------
>
> Start the year off right. Easy ways to stay in shapein the new year.
>
>
>
NEW ADDRESS!
Amy E. C. Kleinpeter
Law Offices of Amy E. Clark Kleinpeter
1489 E. Colorado Boulevard #206
Pasadena, CA 91106
www.amykleinpeter.com
I am required to disclose that The Law Offices of Amy E. Clark Kleinpeter is
a
Debt Relief Agency as defined by the United States Bankruptcy Act of 2005.
I
am a lawyer who proudly represents debtors in bankruptcy cases.
Just to play Devil's Advocate...what if you argued collecting outside SOL instead of collecting after discharge? And if it is on credit report, that could bring more FDCPA and FCRA violations as well.I think the way you are doing it is the surer course, unless there are other violations, but the other may open up more options UNLESS it would need to be done in BK court also.
-- Amy KleinpeterOn Jan 9, 2008 6:03 PM, Patrick Green <pat@fitzgreenlaw.com> wrote:
Collection action. The client
has the right to be left alone. Outside the 9th circuit, it would
be an FDCPA action, but here we have to go back to the BK court for damages.
Patrick T. Green
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
From:
cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of
Mtotaro@aol.com
Sent: Wednesday, January 09, 2008 10:58 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Discharge injunction question
Just curious. What's the point here. Anything from 1992 would be
barred by the S/L anyway and could be removed from the credit report unless it
has been reduced to judgment
Michael R. Totaro J.D., L.LM.
Totaro & Shanahan
P.O. Box 789
Pacific Palisades, CA 90272
310 573 0276 (v) 310 712 6317 (f)
Start the year off right.
Easy
ways to stay in shape in the new year.
-- NEW ADDRESS!Amy E. C. KleinpeterLaw Offices of Amy E. Clark Kleinpeter1489 E. Colorado Boulevard #206Pasadena, CA 91106
www.amykleinpeter.comI am required to disclose that The Law Offices of Amy E. Clark Kleinpeter is aDebt Relief Agency as defined by the United States Bankruptcy Act of 2005. Iam a lawyer who proudly represents debtors in bankruptcy cases.
The post was migrated from Yahoo.
Collection action. The client has the right to be left alone. Outside the
9th circuit, it would be an FDCPA action, but here we have to go back to the
BK court for damages.
Patrick T. Green
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
Pat:
If it is so old that a pdf is not on PACER, the file is maintained in the
Federal Archieve in Laguna Nigel. I do not have the number or address, but
they will send a copy to the requestor. You can get the address from the
Clerk's office of the USBC.
Hank
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
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.
This does not constitute an electronic signature.
This message contains confiidential information which may also be
privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
-----Original Message-----
Patrick Green
Sent: Wednesday, January 09, 2008 10:42
To: cdcbaa
Subject: [cdcbaa] Discharge injunction question
Client filed 7 in 1992, says Cap One was discharged. Pacer shows filing
and closing, but does not say yea or nay on discharge. How do I get doc
showing discharge? Client no longer his copies.
Patrick T. Green
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
Pat:
If it
is so old that a pdf is not on PACER, the file is maintained in the FederalArchieve in Laguna Nigel. I do not have the number or address, but they
will send a copy to the requestor. You can get the address from the
Clerk's office of the USBC.
Hank
Henry M. Toles, J.D., M.B.A.Henry M. Toles, A Law
Corporation11746 Goshen Avenue, No. 1Los Angeles, California
90049-6113Telephone: (310) 479-1400Facsimile: (310) 575-0343E-Mail:
hmt@toles.orgMember National Association of Consumer Bankruptcy
Attorneys (NACBA)We are a federally designated Debt Relief Agency under
the United StatesBankruptcy Laws. We assist people with finding solutions to
their debtproblems, including, where appropriate, assisting them with the
filingof petitions for relief under the United States Bankruptcy
Code.This does not constitute an electronic signature.Thismessage contains confiidential information which may also be privileged. Unless
you are the intended recipient (or authorized to receive for the intended
recipient) you may not copy, use or distribute the information contained in this
message.
-----Original Message-----From: cdcbaa@yahoogroups.com
[mailto:cdcbaa@yahoogroups.com]On Behalf Of Patrick
GreenSent: Wednesday, January 09, 2008 10:42To:
cdcbaaSubject: [cdcbaa] Discharge injunction
question
Client filed 7 in 1992, says Cap One was discharged.
Pacer shows filing and closing, but does not say yea or nay on
discharge. How do I get doc showing discharge? Client no longer
his copies.
Patrick T. Green
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
Thank you.
Patrick T. Green
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
charset="windows-1251"
Or you can send someone down - with a reservation.
You need to call Clerk's office to get box # before making reservation - See
Court Manual which explains procedures
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.
Mark JM
Sent: Wednesday, January 09, 2008 10:55 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Discharge injunction question
Laguna Niguel archives if you can't get it online somehow. Should be about
$45 or so to order the entire file, but it takes 6-8 weeks.
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw. com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of
Mark J. Markus that may be privileged. The information is intended for the
use of the addressee only. If you are not the addressee, note that any
disclosure, copy, distribution or use of the contents of this message is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
the IRS, we inform you that any U.S. tax advice contained in this
communication (or in any attachment) is not intended or written 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 in this communication (or
in any attachment).
To: cdcbaa
Sent: Wednesday, January 09, 2008 10:41 AM
Subject: [cdcbaa] Discharge injunction question
Client filed 7 in 1992, says Cap One was discharged. Pacer shows filing and
closing, but does not say yea or nay on discharge. How do I get doc showing
discharge? Client no longer his copies.
Patrick T. Green
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw. com
charset="windows-1251"
Message
Or you can send someone
down - with a reservation.
You need to call Clerk's
office to get box # before making reservation - See Court Manual which explains
procedures
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Just curious. What's the point here. Anything from 1992 would be barred by
the S/L anyway and could be removed from the credit report unless it has been
reduced to judgment
Michael R. Totaro J.D., L.LM.
Totaro & Shanahan
P.O. Box 789
Pacific Palisades, CA 90272
310 573 0276 (v) 310 712 6317 (f)
**************Start the year off right. Easy ways to stay in shape.
The post was migrated from Yahoo.
Laguna Niguel archives if you can't get it online somehow. Should be about $45 or so to order the entire file, but it takes 6-8 weeks.
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written 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 in this communication (or in any attachment).
----- Original Message -----
To: cdcbaa
Sent: Wednesday, January 09, 2008 10:41 AM
Subject: [cdcbaa] Discharge injunction question
Client filed 7 in 1992, says Cap One was discharged. Pacer shows filing and closing, but does not say yea or nay on discharge. How do I get doc showing discharge? Client no longer his copies.
Patrick T. Green
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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Laguna Niguel archives if you can't get it online
somehow. Should be about $45 or so to order the entire file, but it takes
6-8 weeks.
______________________Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173 (818)509-1460 (fax)web: http://www.bklaw.com/This Firm is aQualified Federal Debt Relief Agency___________NOTICE: This Electronic
Message contains information from the law office of Mark J. Markus that may be
privileged. The information is intended for the use of the addresseeonly. If you are not the addressee, note that any disclosure, copy,
distribution or use of the contents of this message is prohibited.IRS
CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS,
we inform you that any U.S. tax advice contained in this communication (or in
any attachment) is not intended or written 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 in this communication (or in any attachment).
----- Original Message -----
From:
Patrick
Green
To: cdcbaa
Sent: Wednesday, January 09, 2008 10:41
AM
Subject: [cdcbaa] Discharge injunction
question
Client filed 7 in 1992, says Cap One was discharged.
Pacer shows filing and closing, but does not say yea or nay on
discharge. How do I get doc showing discharge? Client no longer
his copies.
Patrick T. Green
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
The post was migrated from Yahoo.
Those files should be available at the Federal archives in Laguna Niguel. I've had our attorney service get documents from there in the past - though it sometimes takes awhile.
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
To: "cdcbaa"
Sent: 1/09/2008 10:41AM
Subject: [cdcbaa] Discharge injunction question
>> Client filed 7 in 1992, says Cap One was discharged. Pacer shows filing and
>> closing, but does not say yea or nay on discharge. How do I get doc showing
>> discharge? Client no longer his copies.
>>
>>
>>
>> Patrick T. Green
>>
>> 1010 E. Union Street
>>
>> Suite 206
>>
>> Pasadena, CA 91106
>>
>> Tel: 626-449-8433
>>
>> Fax: 626-449-0565
>>
>> pat@fitzgreenlaw.com
>>
>>
>>
>>
>>
Those files should be available at the Federal archives in Laguna Niguel. I've had our attorney service get documents from there in the past - though it sometimes takes awhile.
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
--- Original Message---
To: "cdcbaa"
Sent: 1/09/2008 10:41AM
Subject: [cdcbaa] Discharge injunction question
>> Client filed 7 in 1992, says Cap One was discharged. Pacer shows filing and
>> closing, but does not say yea or nay on discharge. How do I get doc showing
>> discharge? Client no longer his copies.
>>
>>
>>
>> Patrick T. Green
>>
>> 1010 E. Union Street
>>
>> Suite 206
>>
>> Pasadena, CA 91106
>>
>> Tel: 626-449-8433
>>
>> Fax: 626-449-0565
>>
>> pat@fitzgreenlaw.com
>>
>>
>>
>>
>>
The post was migrated from Yahoo.
Client filed 7 in 1992, says Cap One was discharged. Pacer shows filing and
closing, but does not say yea or nay on discharge. How do I get doc showing
discharge? Client no longer his copies.
Patrick T. Green
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
Client filed 7 in 1992, says Cap One was discharged. Pacer
shows filing and closing, but does not say yea or nay on discharge. How do I
get doc showing discharge? Client no longer his copies.
Patrick T. Green
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.