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What do you do when clients not eligible for Chapter 13..=
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Eligibility and jurisdiction are not necessarily the same thing.
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 J. Markus
Sent: Thursday, July 15, 2010 11:05 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] What do you do when clients not eligible for Chapter
13...
I recall someone else suggesting that at one time. But how can sec. 109 NOT
be jurisdictional? "Who may be a debtor"? If you don't meet the 109
criteria, then one cannot be a debtor under that chapter. I don't see how
that requires an objection to be enforced.
*************************
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 (see what this means at
http://bklaw.
The post was migrated from Yahoo.
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Judge Tighe recently suggested to me that those just over the limit should
still file a C13 to see if anyone objects. She said the debt limits are NOT
jurisdictional. I found her comments VERY surprising.
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.
Amy Clark
Sent: Thursday, July 15, 2010 2:05 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] What do you do when clients not eligible for Chapter 13...
and you did not know this when you signed them up?
It's the unsecured debt limit that is pushing these clients over
(student loans and a huge debt to one of their parents) and due to
turning in their leased car and getting a (permanent) loan
modification, they are no longer eligible for a 7.
Would you refund the "non-refundable" retainer? I am certainly not
going to file an 11, don't even think it is a good vehicle for them as
they are only $15,000 over unsecured debt limit.
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
slate."
"Like the witness protection program!"
"Exactly."
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Message
Judge Tighe recently
suggested to me that those just over the limit should still file a C13 to see if
anyone objects. She said the debt limits are NOT jurisdictional. I
found her comments VERY surprising.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.