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I objected to Saxon's POC. No response - do I need to do
Holly,
It depends on the grounds for your Objection and what you asked the Court to
do, based on your client's goals. If there is no opposition, your objection
will likely be sustained and you win.
Go Get'em!
On Mon, Jul 12, 2010 at 9:16 PM, Holly Roark wrote:
>
>
> I objected to Saxon's POC in a Chapter 13 case (Dockery/EC). Saxon did not
> oppose the objection. Moreover, Saxon transferred the loan servicing duties
> to Ocwen (which I also served with a copy of the Objection). Ocwen has not
> filed a POC, nor have they filed anything in connection with my Objection to
> Saxon's claim. The confirmation hearing and hearing on my Objection is this
> Thursday. Assuming Ocwen doesn't file a POC that I have to object to, do
> you think my plan will be confirmed as is? The trustee has no objections.
> Her objection had been to the feasibility due to Saxon's POC arrears being
> higher than what we had scheduled in the Plan. Now with that out of the
> way, I imagine that all is good to go, but I am nervous that I am
> overlooking something. I just envision my Objection being granted due to it
> being unopposed and also well taken, and my plan being confirmed since the
> trustee has no further objection. However, I have sat through confirmation
> hearings of EC, and I know that often it's not that simple. Any comments or
> ideas?
>
> --
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
>
>
Best Regards,
Christine A. Wilton
Principal Attorney
Greifendorff Law Offices
333 City Boulevard West, 17th Floor
Orange, CA 92686
Office: 800-861-0786
Cell: 562-824-7563
Fax: 714-938-3255
Email: attorneychristine@gmail.com
Web: www.greifenlaw.com
Blog: www.losangelesbankruptcylawmonitor.com
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Holly,
It depends on the grounds for your Objection and what you asked the Court to do, based on your client's goals. If there is no opposition, your objection will likely be sustained and you win.
Go Get'em!
On Mon, Jul 12, 2010 at 9:16 PM, Holly Roark <hollyroark22@gmail.com> wrote:
I objected to Saxon's POC in a Chapter 13 case (Dockery/EC). Saxon did not oppose the objection. Moreover, Saxon transferred the loan servicing duties to Ocwen (which I also served with a copy of the Objection).ith my Objection to Saxon's claim. The confirmation hearing and hearing on my Objection is this Thursday. Assuming Ocwen doesn't file a POC that I have to object to, do you think my plan will be confirmed as is?lity due to Saxon's POC arrears being higher than what we had scheduled in the Plan. Now with that out of the way, I imagine that all is good to go, but I am nervous that I am overlooking something. I just envision my Objection being granted due to it being unopposed and also well taken, and my plan being confirmed since the trustee has no further objection. However, I have sat through confirmation hearings of EC, and I know that often it's not that simple. Any comments or ideas?
-- Holly Roarkholly@roarklawoffices.comwww.roarklawoffices.comCentral District of California
Consumer Bankruptcy Attorney
-- Best Regards,Christine A. WiltonPrincipal AttorneyGreifendorff Law Offices333 City Boulevard West, 17th Floor
Orange, CA 92686Office: 800-861-0786Cell: 562-824-7563Fax:ttorneychristine@gmail.comWeb: www.greifenlaw.com
Blog: www.losange
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