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I have a discharge violation case. Wondering about 9th
charset="windows-1251"
Rule 9020
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.
Jacob Chang
Sent: Tuesday, July 27, 2010 10:03 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] I have a discharge violation case. Wondering about 9th
circuit
Hi Group,
A former ch. 7 bk client gave me a letter from a collection agency for a
discharged debt. The case was before Judge Barry Russell. How does this
court take to discharge violation AP or motion cases?
Warm regards,
Jacob D. Chang, Esq.
Please kindly consider the environment before printing this e-mail.
Note: This electronic mail is intended to be received and read only by
certain individuals. It may contain information that is attorney-client
privileged or protected from disclosure by law. If it has been misdirected,
or if you suspect you have received this in error, please notify me by
replying and then delete both the message and reply. Thank you.
charset="windows-1251"
Message
Rule
9020
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Thank you for your advice. I will follow your suggestion.
Warm regards,
Jacob D. Chang, Esq.
Please kindly consider the environment before printing this e-mail.
Note: This electronic mail is intended to be received and read only by
certain individuals. It may contain information that is attorney-client
privileged or protected from disclosure by law. If it has been misdirected,
or if you suspect you have received this in error, please notify me by
replying and then delete both the message and reply. Thank you.
On Tue, Jul 27, 2010 at 11:11 AM, Andrew Goodman wrote:
>
>
> For the time and effort you'll go through complying with the 9th circuit
> safe harbor provisions/requirements, you're better off sending a letter or
> contacting the collection agency and providing a copy of the discharge and
> perhaps the schedules showing that the creditor was listed and debt
> discharged. It ususally works and is faster/cheaper. As Keith says, if after
> you do this, they continue, THEN pursue them.
> Andy
>
> ------------------------------
> *From:* "higginbothamlaw@aol.com"
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Tue, July 27, 2010 11:00:50 AM
>
> *Subject:* Re: [cdcbaa] I have a discharge violation case. Wondering about
> 9th circuit
>
>
>
> Jacob,
>
> If your proceed under 9011 requesting sanctions, the Court will ask you if
> you have sent a Safe Harbor Letter. You should contact the collection
> agency first. It is more professional and civil for our small bar. Anyway
> -- what are your client's damages? Make the call first and give a general
> warning. Document it. If this creditor does it again to this same debtor,
> then pursue your motion.
>
> *KEITH *
> *
> *
> *
> *
> *
> *
> *
> *
> *THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM*
> *255 S. Grand Avenue, Suite #2109*
> *Los Angeles, CA 90012-3045*
> *Phone: 213.620.0176*
> *Facsimile: 213.613.1200 *
>
> *HigginbothamLaw@ aol.com*
>
>
> -----Original Message-----
> To: cdcbaa@yahoogroups. com
> Sent: Tue, Jul 27, 2010 10:43 am
> Subject: Re: [cdcbaa] I have a discharge violation case. Wondering about
> 9th circuit
>
>
> The original creditor, a credit card company, was notified of the
> bankruptcy filing and discharge. It appears that the original creditor then
> referred the discharged debt to a collection agency. The collection agency
> sent the letter to client post discharge.
>
> Warm regards,
>
> Jacob D. Chang, Esq.
>
> Please kindly consider the environment before printing this e-mail.
>
> Note: This electronic mail is intended to be received and read only by
> certain individuals. It may contain information that is attorney-client
> privileged or protected from disclosure by law. If it has been misdirected,
> or if you suspect you have received this in error, please notify me by
> replying and then delete both the message and reply. Thank you.
>
>
>
> On Tue, Jul 27, 2010 at 10:09 AM, > wrote:
>
>>
>> Did you contact the collection agency to determine whether it has
>> received the discharge notice?
>>
>> *KEITH *
>> *
>> *
>> *
>> *
>> *
>> *
>> *
>> *
>> *
>> *
>> *THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM*
>> *255 S. Grand Avenue, Suite #2109*
>> *Los Angeles, CA 90012-3045*
>> *Phone: 213.620.0176*
>> *Facsimile: 213.613.1200 *
>>
>> *HigginbothamLaw@ aol.com*
>>
>>
>> -----Original Message-----
>> To: cdcbaa@yahoogroups. com
>> Sent: Tue, Jul 27, 2010 10:02 am
>> Subject: [cdcbaa] I have a discharge violation case. Wondering about 9th
>> circuit
>>
>>
>> Hi Group,
>>
>> A former ch. 7 bk client gave me a letter from a collection agency for a
>> discharged debt. The case was before Judge Barry Russell. How does this
>> court take to discharge violation AP or motion cases?
>>
>> Warm regards,
>>
>> Jacob D. Chang, Esq.
>>
>> Please kindly consider the environment before printing this e-mail.
>>
>> Note: This electronic mail is intended to be received and read only by
>> certain individuals. It may contain information that is attorney-client
>> privileged or protected from disclosure by law. If it has been misdirected,
>> or if you suspect you have received this in error, please notify me by
>> replying and then delete both the message and reply. Thank you.
>>
>>
>
>
>
Thank you for your advice. I will follow your suggestion.Warm regards,Jacob D. Chang, Esq.Please kindly consider the environment before printing this e-mail.Note: This electronic mail is intended to be received and read only by certain individuals. It may contain information that is attorney-client privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you have received this in error, please notify me by replying and then delete both the message and reply. Thank you.
On Tue, Jul 27, 2010 at 11:11 AM, Andrew Goodman <andyg1207@yahoo.com> wrote:
For the time and effort you'll go through complying with the 9th circuit safe harbor provisions/requirements, you're better off sending a letter or contacting the collection agency and providing a copy of the discharge and perhaps the schedules showing that the creditor was listed and debt discharged. It ususally works and is faster/cheaper.As Keith says, if after you do this, they continue, THEN pursue them.
Andy
From: "higginbothamlaw@aol.com" <higginbothamlaw@aol.com>
To: cdcbaa@yahoogroups.comSent: Tue, July 27, 2010 11:00:50 AM
Subject: Re: [cdcbaa] I have a discharge violation case. Wondering about 9th circuit
Jacob,
If your proceed under 9011 requesting sanctions, the Court will ask you if you have sent a Safe Harbor Letter. You should contact the collection agency first. It is more professional and civil for our small bar. Anyway -- what are your client's damages? Make the call first and give a general warning. n pursue your motion.
KEITH
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@ aol.com
----http://gmail.com/" target"_blank">gmail.com>To: cdcbaa@yahoogroups. com
Sent: Tue, Jul 27, 2010 10:43 amSubject: Re: [cdcbaa] I have a discharge violation case. Wondering about 9th circuit
The original creditor, a credit card company, was notified of the bankruptcy filing and discharge. It appears that the original creditor then referred the discharged debt to a collection agency. The collection agency sent the letter to client post discharge.
Warm regards,Jacob D. Chang, Esq.Please kindly consider the environment before printing this e-mail.Note: This electronic mail is intended to be received and read only by certain individuals. It may contain information that is attorney-client privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you have received this in error, please notify me by replying and then delete both the message and reply. Thank you.
On Tue, Jul 27, 2010 at 10:09 AM, <
The post was migrated from Yahoo.
Hi Group,
A former ch. 7 bk client gave me a letter from a collection agency for a
discharged debt. The case was before Judge Barry Russell. How does this
court take to discharge violation AP or motion cases?
Warm regards,
Jacob D. Chang, Esq.
Please kindly consider the environment before printing this e-mail.
Note: This electronic mail is intended to be received and read only by
certain individuals. It may contain information that is attorney-client
privileged or protected from disclosure by law. If it has been misdirected,
or if you suspect you have received this in error, please notify me by
replying and then delete both the message and reply. Thank you.
Hi Group,A former ch. 7 bk client gave me a letter from a collection agency for a discharged debt. The case was before Judge Barry Russell. How does this court take to discharge violation AP or motion cases?
Warm regards,Jacob D. Chang, Esq.Please kindly consider the environment before printing this e-mail.Note: This electronic mail is intended to be received and read only by certain individuals. It may contain information that is attorney-client privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you have received this in error, please notify me by replying and then delete both the message and reply. Thank you.
The post was migrated from Yahoo.