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TILA/FCRA cases in BK Court
I just thought there was some "trend" in allowing these cases in bankruptcy
court, which is why you and others had recommended bringing it in that
forum. I will review the cases.
______________________
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
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To:
Sent: Tuesday, April 01, 2008 1:04 AM
Subject: [cdcbaa] Re: TILA/FCRA cases in BK Court
> Marc,
>
> Too few facts. You should look at the case law under Abstention.
> There are a number of factors a court will consider, and in this
> instance, you will need to evaluate your facts against the factors for
> Abstention, Removal and Remand. Good luck. Lou Esbin
>
> --- In cdcbaa@yahoogroups.com, "Mark JM" wrote:
>>
>>
>> I meant having it sent to District Court, since these are federal
> claims. I guess my real question is that since none of these are core
> proceedings, what is the likelihood of the court exercising abstention
> given the 3rd party defendants, non-core proceedings, etc?
>>
>>
>> ----- Original Message -----
>> To: cdcbaa@yahoogroups.com
>> Sent: Monday, March 31, 2008 11:26 PM
>> Subject: [cdcbaa] TILA/FCRA cases in BK Court
>>
>>
>> More questions for those of you familiar with TILA/Predatory
> lending cases.
>>
>> If the case being filed has defendants who are not parties to the
> bankruptcy case (i.e. not a creditor), such as the mortgage broker,
> does this increase the risk of the case being sent back to State
> Court? If so, is it worth filing it first in the BK court?
>>
>> ______________________
>> 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).
>>
>
>
>
> ------------------------------------
>
> Yahoo! Groups Links
>
>
>
The post was migrated from Yahoo.
Marc,
Too few facts. You should look at the case law under Abstention.
There are a number of factors a court will consider, and in this
instance, you will need to evaluate your facts against the factors for
Abstention, Removal and Remand. Good luck. Lou Esbin
>
>
> I meant having it sent to District Court, since these are federal
claims. I guess my real question is that since none of these are core
proceedings, what is the likelihood of the court exercising abstention
given the 3rd party defendants, non-core proceedings, etc?
>
>
> ----- Original Message -----
> To: cdcbaa@yahoogroups.com
> Sent: Monday, March 31, 2008 11:26 PM
> Subject: [cdcbaa] TILA/FCRA cases in BK Court
>
>
> More questions for those of you familiar with TILA/Predatory
lending cases.
>
> If the case being filed has defendants who are not parties to the
bankruptcy case (i.e. not a creditor), such as the mortgage broker,
does this increase the risk of the case being sent back to State
Court? If so, is it worth filing it first in the BK court?
>
> ______________________
> 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).
>
The post was migrated from Yahoo.
I meant having it sent to District Court, since these are federal claims. I guess my real question is that since none of these are core proceedings, what is the likelihood of the court exercising abstention given the 3rd party defendants, non-core proceedings, etc?
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Monday, March 31, 2008 11:26 PM
Subject: [cdcbaa] TILA/FCRA cases in BK Court
More questions for those of you familiar with TILA/Predatory lending cases.
If the case being filed has defendants who are not parties to the bankruptcy case (i.e. not a creditor), such as the mortgage broker, does this increase the risk of the case being sent back to State Court? If so, is it worth filing it first in the BK court?
______________________
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).
I meant having it sent to District Court, since
these are federal claims. I guess my real question is that since none of
these are core proceedings, what is the likelihood of the court exercisingabstention given the 3rd party defendants, non-core proceedings,
etc?
----- Original Message -----
From:
Mark JM
To: cdcbaa@yahoogroups.com
Sent: Monday, March 31, 2008 11:26 PM
Subject: [cdcbaa] TILA/FCRA cases in BK
Court
More questions for those of you familiar with
TILA/Predatory lending cases.
If the case being filed has defendants who are
not parties to the bankruptcy case (i.e. not a creditor), such as the mortgage
broker, does this increase the risk of the case being sent back to State Court? If so, is it worth filing it first in the BK
court?
______________________Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio 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).
The post was migrated from Yahoo.
More questions for those of you familiar with TILA/Predatory lending cases.
If the case being filed has defendants who are not parties to the bankruptcy case (i.e. not a creditor), such as the mortgage broker, does this increase the risk of the case being sent back to State Court? If so, is it worth filing it first in the BK court?
______________________
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).
More questions for those of you familiar with
TILA/Predatory lending cases.
If the case being filed has defendants who are not
parties to the bankruptcy case (i.e. not a creditor), such as the mortgagebroker, does this increase the risk of the case being sent back to State
Court? If so, is it worth filing it first in the BK
court?
______________________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).
The post was migrated from Yahoo.