.jpg)
Transfer of title during Ch. 13
co-debtor stay would seem to apply to me -- I quote this from a divorce law
firm:
In California, Family Code section 910 provides that the community is
liable for all debts incurred during the marriage and prior to separation.
It doesnt matter whether the debt was incurred by one spouse for his or
her own benefit or for the family. It also doesn't matter whose name
appears on the bill or the credit card statements. If it was incurred
during the marriage and prior to separation, its a community property debt
and both spouses are equally liable.
On Tue, Apr 19, 2016 at 2:01 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa]
wrote:
>
>
> I don't think the co-debtor stay exists independently of the automatic
> stay, but I haven't really researched it. (If it did, consider how this
> would work in severe abuse cases with spouses--a debtor could file multiple
> Ch. 13 cases with no schedules--get dismissed, refile, etc. and there would
> be no stay protecting the debtor but there would be for the codebtor
> spouse. That can't possibly be what Congress intended when it added
> subsections (c)(3) and (c)(4) to 362.) Interesting issues though, I agree.
>
> In this case, the Husband is not a codebtor, so no I don't think it
> violated 1301 to pursue the sale of the debtor's property after receiving
> an order from the court that there was no stay (technically I don't even
> think that order is necessary since the statute states that the stay
> terminates 30 days after the filing of the second case in one year...)
>
>
>
> On 4/19/2016 1:41 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa]
> wrote:
>
> I agree that to be safe, you should file a MFR in H's case. My
> question/comment is didn't your actions violate 1301 in the wife's case?
> The 30 day stay terminates with respect to section 362 but I do not believe
> there is any 30 day exception to 1301. I am going strictly off of my
> understanding of the code; I have not reviewed case law.
>
> Sincerely,
>
> *Michael Avanesian, Esq. *
> Avanesian Law Firm
> 801 N. Brand Blvd., Suite #1130
> Glendale, CA 91203
> Tel: 818.276.2477 | Fax: 818.208.4550
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> 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 herein.
>
> On Tue, Apr 19, 2016 at 1:35 PM, 'Mark J. Markus' bklawr@yahoo.com
> [cdcbaa] wrote:
>
>>
>>
>> H is not on the Note. He might have a community co-debtor stay if there
>> is such a thing (Pat and I were just discussing/laughing about that
>> concept).
>>
>> And even if there was, it doesn't change anything. I think I still need
>> to do a MRS in H's case, even though the transfer to him may have been void.
>>
>> On 4/19/2016 1:30 PM, Michael Avanesian
>> michael@avanesianlaw.com [cdcbaa] wrote:
>>
>> Why is there no codebtor stay?
>>
>>
>> Sincerely,
>>
>> *Michael Avanesian, Esq. *
>> Avanesian Law Firm
>> 801 N. Brand Blvd., Suite #1130
>> Glendale, CA 91203
>> Tel: 818.276.2477 | Fax: 818.208.4550
>>
>> *Confidentiality**: *This electronic transmission and its contents are
>> legally privileged and confidential information and intended solely for the
>> use of the addressee. If the reader of this message is not the intended
>> recipient, you are hereby notified that any dissemination, distribution,
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>> prohibited. If you have received this transmission in error, please reply
>> to us immediately and delete this message from your directory.
>>
>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>> imposed by the IRS, please be advised that any U.S. federal tax advice
>> contained in this communication (including any attachments) is not intended
>> or written to be used or relied upon, and cannot be used or relied upon,
>> 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 herein.
>>
>> On Tue, Apr 19, 2016 at 10:25 AM, Giovanni Orantes
>> go@gobklaw.com [cdcbaa]
>> wrote:
>>
>>>
>>>
>>> Perhaps a Motion for OSC Re Contempt of the Automatic Stay that arose
>>> under the order for relief per section 301 upon the filing for transferring
>>> the property? If ask for an order ruling the transfer to be void in that
>>> motion too.
>>>
>>> Usually you would need an AP to get an order ruling a transfer void but
>>> I think you don't need an AP when the transfer violates an existing
>>> order.
>>>
>>>
>>>
>>> On Tuesday, April 19, 2016, 'Mark J. Markus'
>>> bklawr@yahoo.com [cdcbaa] >> cdcbaa@yahoogroups.com> wrote:
>>>
>>>>
>>>>
>>>> Thanks Peter and Pat,
>>>>
>>>> I just figured it would be easiest to file a MRS in the new (H's)
>>>> bankruptcy case.
>>>>
>>>> But you're right that there ought to be some comfort order I can get in
>>>> the Wife's case, although I don't know what kind of motion that would be...
>>>> ("Motion To Confirm That Transfer Of Title Is Void"?)
>>>>
>>>>
>>>> On 4/19/2016 10:02 AM, Patrick Green pat@fitzgreenlaw.com [cdcbaa]
>>>> wrote:
>>>>
>>>> Mark:
>>>>
>>>>
>>>>
>>>> House became property of Ws bk estate on filing. Even if H had a CP
>>>> interest under Moore-Marsden, that CP is property of the estate.
>>>>
>>>>
>>>>
>>>> While I agree with Peter that she had nothing to transfer, the deed
>>>> creates a cloud on title. There can be no sale unless the title company
>>>> will insure title, so see what they will require. I am betting they will
>>>> want a comfort order from the bk court, but you wont know until you ask.
>>>>
>>>>
>>>>
>>>> If you have any questions or concerns, please contact me.
>>>>
>>>>
>>>>
>>>> Pat
>>>>
>>>>
>>>>
>>>> Patrick T. Green
>>>>
>>>> Attorney at Law
>>>>
>>>> Fitzgerald & Green, Attorneys at Law
>>>>
>>>> 1010 E. Union St. Suite 206
>>>>
>>>> Pasadena, CA 91106
>>>>
>>>> Tel: (626) 449-8433
>>>>
>>>> Fax: (626) 449-0565
>>>>
>>>> pat@fitzgreenlaw.com
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> *From:* cdcbaa@yahoogroups.com [
>>>> mailto:cdcbaa@yahoogroups.com ]
>>>> *Sent:* Monday, April 18, 2016 10:39 PM
>>>> *To:* cdcbaa@yahoogroups.com
>>>> *Subject:* Re: [cdcbaa] Transfer of title during Ch. 13
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> It's preconfirmation at this point.
>>>>
>>>> On 4/18/2016 7:47 PM, Peter Lively
>>>> petermlively2000@yahoo.com [cdcbaa] wrote:
>>>>
>>>> The form plan in CDCA does not provide for vesting of estate property
>>>> in the debtor at plan confirmation, so how could title pass from estate to
>>>> husband without court approval?
>>>>
>>>>
>>>>
>>>> Yes, each spouse can be in individual chapter 13 cases
>>>>
>>>> Sent from my iPhone - please excuse typos.
>>>>
>>>>
>>>> On Apr 18, 2016, at 6:34 PM, 'Mark J. Markus'
>>>> bklawr@yahoo.com [cdcbaa] >>> cdcbaa@yahoogroups.com> wrote:
>>>>
>>>>
>>>>
>>>> Putting on our creditor hats for a moment:
>>>>
>>>> I'm representing a secured creditor on a rental property that was owned
>>>> by Wife, who filed two Chapter 13 cases in one year.
>>>>
>>>> I obtained an order confirming the stay was terminated after 30 days
>>>> and my clients proceeded to renotice the foreclosure sale.
>>>>
>>>> 1 business day before the new foreclosure sale, the debtor/wife
>>>> quitclaims the property of the estate to herself AND her husband (who had
>>>> not filed bankruptcy).
>>>>
>>>> Then on the same day husband files his own Chapter 13, thereby stopping
>>>> the foreclosure sale.
>>>>
>>>> I'm filing an MRS based on bad faith in the husband's case, but I have
>>>> a few questions that I think I know the answers to, but haven't researched
>>>> in a while, so if anyone knows off the top of their head, I'd appreciate
>>>> the confirmation/information:
>>>>
>>>> 1. Is there any "penalty" for wife transferring the interest in the
>>>> property to husband without court approval in her Chapter 13 case? (and by
>>>> penalty, I mean to include the possibility that the transfer is void by
>>>> operation of law)
>>>>
>>>> 2. Can husband and wife each have a Chapter 13 case going at the same
>>>> time?
>>>>
>>>>
>>>> *************************
>>>> Mark J. Markus
>>>> Law Office of Mark J. Markus
>>>> *Mailing Address Only:*
>>>> 11684 Ventura Blvd. PMB #403
>>>> Studio City, CA 91604-2652
>>>> (818)509-1173 (818)332-1180 (fax)
>>>> web: http://www.bklaw.com/
>>>> Certified Bankruptcy Law Specialist--The State Bar of California Board
>>>> of Legal Specialization
>>>> 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.
>>>>
>>>>
>>>>
>>>> --
>>>>
>>>> *************************
>>>> Mark J. Markus
>>>> Law Office of Mark J. Markus
>>>> *Mailing Address Only:*
>>>> 11684 Ventura Blvd. PMB #403
>>>> Studio City, CA 91604-2652
>>>> (818)509-1173 (818)332-1180 (fax)
>>>> web: http://www.bklaw.com/
>>>> Certified Bankruptcy Law Specialist--The State Bar of California Board
>>>> of Legal Specialization
>>>> 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
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>>>> note that any disclosure, copy, distribution or use of the contents of this
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>>>> 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.
>>>>
>>>>
>>>>
>>>> --
>>>>
>>>> *************************
>>>> Mark J. Markus
>>>> Law Office of Mark J. Markus
>>>> *Mailing Address Only:*
>>>> 11684 Ventura Blvd. PMB #403
>>>> Studio City, CA 91604-2652
>>>> (818)509-1173 (818)332-1180 (fax)
>>>> web: http://www.bklaw.com/
>>>> Certified Bankruptcy Law Specialist--The State Bar of California Board
>>>> of Legal Specialization
>>>> 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.
>>>>
>>>
>>>
>>> --
>>> Giovanni Orantes, Esq.*
>>> Orantes Law Firm, P.C.
>>> 3435 Wilshire Blvd. Suite 2920
>>> Los Angeles, CA 90010
>>> Tel: (213) 389-4362
>>> Fax: (877) 789-5776
>>> e-mail: go@gobklaw.com
>>> website: www.gobklaw.com
>>>
>>> **Certified Bankruptcy Specialist, State Bar of California, Board of
>>> Legal Specialization*
>>> *Board Certified - Business Bankruptcy Law - American Board of
>>> Certification
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>>> Certification
>>> Commercial Litigation
>>> Estate Planning
>>> Outside General Counsel
>>>
>>>
>>>
>>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>>
>>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN
>>> BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>>>
>>> Note: The information in this e-mail message is not intended to be legal
>>> advice and should not be relied upon as legal advice unless counsel
>>> expressly contracted in writing to provide such advice. Furthermore, the
>>> information contained in this e-mail message is confidential information
>>> intended only for the use of the individual or entity named. If the reader
>>> of this message is not the intended recipient or an agent responsible for
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>>> immediately notify us by telephone or e-mail and delete the original e-mail
>>> at (213) 389-4362 or (888) 619-8222.
>>>
>>>
>>
>>
>> --
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> *Mailing Address Only:*
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)332-1180 (fax)
>> web: http://www.bklaw.com/
>> Certified Bankruptcy Law Specialist--The State Bar of California Board of
>> Legal Specialization
>> 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.
>>
>
>
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> 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.
>
>
>
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
co-debtor stay would seem to apply to me -- I quote this from a divorce law firm:
The post was migrated from Yahoo.
You are correct, and I agree that 1301 only applies to consumer debts.
I thought that the consensus is absent specific findings to the contrary,
that a home mortgage is considered a consumer debt and protected by 1301.
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law Firm
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: 818.276.2477 | Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
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 herein.
On Tue, Apr 19, 2016 at 2:09 PM, David Tilem DavidTilem@TilemLaw.com
[cdcbaa] wrote:
>
>
> Michael:
>
>
>
> The effect of the co-debtor stay is limited. I didnt read the prior
> emails in the chain, but the stay only applies to consumer debts>
>
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
> www.TilemLaw.com
>
>
>
> [image: square-facebook-24] [image:
> square-twitter-24] [image:
> square-linkedin-24]
> [image:
> square-google-plus-24]
>
>
>
>
> [image: cid:image005.png@01D0C939.A54B78D0] [image:
> cid:image006.png@01D0C939.A54B78D0] [image: SL]
>
> [image: AVVO]
>
> [image: av]
>
>
>
>
> The pages comprising this transmission may contain CONFIDENTIAL
> INFORMATION from Law Offices of David A. Tilem. This information is
> intended solely for use by the individual or entity named as the recipient
> hereof. If you are not the intended recipient, be aware that any
> disclosure, copying, distribution, or use of the contents of this
> transmission is prohibited. If you have received this transmission in
> error, please notify us by telephone immediately so we may arrange and
> correct this transmission.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Tuesday, April 19, 2016 1:42 PM
> *To:* CDCBAA List Serve
> *Subject:* Re: [cdcbaa] Transfer of title during Ch. 13
>
>
>
>
>
> I agree that to be safe, you should file a MFR in H's case. My
> question/comment is didn't your actions violate 1301 in the wife's case?
> The 30 day stay terminates with respect to section 362 but I do not believe
> there is any 30 day exception to 1301. I am going strictly off of my
> understanding of the code; I have not reviewed case law.
>
>
>
> Sincerely,
>
>
>
> *Michael Avanesian, Esq. *
>
> Avanesian Law Firm
>
> 801 N. Brand Blvd., Suite #1130
> Glendale, CA 91203
>
> Tel: 818.276.2477 | Fax: 818.208.4550
>
>
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> 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 herein.
>
>
>
> On Tue, Apr 19, 2016 at 1:35 PM, 'Mark J. Markus' bklawr@yahoo.com
> [cdcbaa] wrote:
>
>
>
> H is not on the Note. He might have a community co-debtor stay if there
> is such a thing (Pat and I were just discussing/laughing about that
> concept).
>
> And even if there was, it doesn't change anything. I think I still need
> to do a MRS in H's case, even though the transfer to him may have been void.
>
> On 4/19/2016 1:30 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa]
> wrote:
>
> Why is there no codebtor stay?
>
>
>
>
> Sincerely,
>
>
>
> *Michael Avanesian, Esq. *
>
> Avanesian Law Firm
>
> 801 N. Brand Blvd., Suite #1130
> Glendale, CA 91203
>
> Tel: 818.276.2477 | Fax: 818.208.4550
>
>
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> 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 herein.
>
>
>
> On Tue, Apr 19, 2016 at 10:25 AM, Giovanni Orantes go@gobklaw.com
> [cdcbaa] wrote:
>
>
>
> Perhaps a Motion for OSC Re Contempt of the Automatic Stay that arose
> under the order for relief per section 301 upon the filing for transferring
> the property? If ask for an order ruling the transfer to be void in that
> motion too.
>
>
>
> Usually you would need an AP to get an order ruling a transfer void but I
> think you don't need an AP when the transfer violates an existing order.
>
>
>
>
>
> On Tuesday, April 19, 2016, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
>
> Thanks Peter and Pat,
>
> I just figured it would be easiest to file a MRS in the new (H's)
> bankruptcy case.
>
> But you're right that there ought to be some comfort order I can get in
> the Wife's case, although I don't know what kind of motion that would be...
> ("Motion To Confirm That Transfer Of Title Is Void"?)
>
>
> On 4/19/2016 10:02 AM, Patrick Green pat@fitzgreenlaw.com [cdcbaa] wrote:
>
> Mark:
>
>
>
> House became property of Ws bk estate on filing. Even if H had a CP
> interest under Moore-Marsden, that CP is property of the estate.
>
>
>
> While I agree with Peter that she had nothing to transfer, the deed
> creates a cloud on title. There can be no sale unless the title company
> will insure title, so see what they will require. I am betting they will
> want a comfort order from the bk court, but you wont know until you ask.
>
>
>
> If you have any questions or concerns, please contact me.
>
>
>
> Pat
>
>
>
> Patrick T. Green
>
> Attorney at Law
>
> Fitzgerald & Green, Attorneys at Law
>
> 1010 E. Union St. Suite 206
>
> Pasadena, CA 91106
>
> Tel: (626) 449-8433
>
> Fax: (626) 449-0565
>
> pat@fitzgreenlaw.com
>
>
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Monday, April 18, 2016 10:39 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Transfer of title during Ch. 13
>
>
>
>
>
> It's preconfirmation at this point.
>
> On 4/18/2016 7:47 PM, Peter Lively petermlively2000@yahoo.com [cdcbaa]
> wrote:
>
> The form plan in CDCA does not provide for vesting of estate property in
> the debtor at plan confirmation, so how could title pass from estate to
> husband without court approval?
>
>
>
> Yes, each spouse can be in individual chapter 13 cases
>
> Sent from my iPhone - please excuse typos.
>
>
> On Apr 18, 2016, at 6:34 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
>
> Putting on our creditor hats for a moment:
>
> I'm representing a secured creditor on a rental property that was owned by
> Wife, who filed two Chapter 13 cases in one year.
>
> I obtained an order confirming the stay was terminated after 30 days and
> my clients proceeded to renotice the foreclosure sale.
>
> 1 business day before the new foreclosure sale, the debtor/wife quitclaims
> the property of the estate to herself AND her husband (who had not filed
> bankruptcy).
>
> Then on the same day husband files his own Chapter 13, thereby stopping
> the foreclosure sale.
>
> I'm filing an MRS based on bad faith in the husband's case, but I have a
> few questions that I think I know the answers to, but haven't researched in
> a while, so if anyone knows off the top of their head, I'd appreciate the
> confirmation/information:
>
> 1. Is there any "penalty" for wife transferring the interest in the
> property to husband without court approval in her Chapter 13 case? (and by
> penalty, I mean to include the possibility that the transfer is void by
> operation of law)
>
> 2. Can husband and wife each have a Chapter 13 case going at the same
> time?
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> 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.
>
>
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> 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.
>
>
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> 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.
>
>
>
> --
>
> Giovanni Orantes, Esq.*
>
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> **Certified Bankruptcy Specialist, State Bar of California, Board of Legal
> Specialization*
>
> *Board Certified - Business Bankruptcy Law - American Board of
> Certification
>
> *Board Certified - Consumer Bankruptcy Law - American Board of
> Certification
>
> Commercial Litigation
>
> Estate Planning
>
> Outside General Counsel
>
>
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information in this e-mail message is not intended to be legal
> advice and should not be relied upon as legal advice unless counsel
> expressly contracted in writing to provide such advice. Furthermore, the
> information contained in this e-mail message is confidential information
> intended only for the use of the individual or entity named. If the reader
> of this message is not the intended recipient or an agent responsible for
> delivering it to the intended recipient, you are hereby notified that any
> dissemination, distribution or copy of this communication is strictly
> prohibited. If you have received this communication in error, please
> immediately notify us by telephone or e-mail and delete the original e-mail
> at (213) 389-4362 or (888) 619-8222.
>
>
>
>
>
>
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> 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.
>
>
>
>
>
You are correct, and I agree that 1301 only applies to consumer debts.I thought that the consensus is absent specific findings to the contrary, that a home mortgage is considered a consumer debt and protected by 1301. Sincerely,Michael Avanesian, Esq.Avanesian Law Firm801 N. Brand Blvd., Suite #1130Glendale, CA 91203Tel: 818.276.2477 | Fax:818.208.4550
The post was migrated from Yahoo.
I agree that to be safe, you should file a MFR in H's case. My
question/comment is didn't your actions violate 1301 in the wife's case?
The 30 day stay terminates with respect to section 362 but I do not believe
there is any 30 day exception to 1301. I am going strictly off of my
understanding of the code; I have not reviewed case law.
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law Firm
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: 818.276.2477 | Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
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 herein.
On Tue, Apr 19, 2016 at 1:35 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa]
wrote:
>
>
> H is not on the Note. He might have a community co-debtor stay if there
> is such a thing (Pat and I were just discussing/laughing about that
> concept).
>
> And even if there was, it doesn't change anything. I think I still need
> to do a MRS in H's case, even though the transfer to him may have been void.
>
> On 4/19/2016 1:30 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa]
> wrote:
>
> Why is there no codebtor stay?
>
>
> Sincerely,
>
> *Michael Avanesian, Esq. *
> Avanesian Law Firm
> 801 N. Brand Blvd., Suite #1130
> Glendale, CA 91203
> Tel: 818.276.2477 | Fax: 818.208.4550
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> 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 herein.
>
> On Tue, Apr 19, 2016 at 10:25 AM, Giovanni Orantes go@gobklaw.com
> [cdcbaa] wrote:
>
>>
>>
>> Perhaps a Motion for OSC Re Contempt of the Automatic Stay that arose
>> under the order for relief per section 301 upon the filing for transferring
>> the property? If ask for an order ruling the transfer to be void in that
>> motion too.
>>
>> Usually you would need an AP to get an order ruling a transfer void but I
>> think you don't need an AP when the transfer violates an existing order.
>>
>>
>>
>> On Tuesday, April 19, 2016, 'Mark J. Markus'
>> bklawr@yahoo.com [cdcbaa] wrote:
>>
>>>
>>>
>>> Thanks Peter and Pat,
>>>
>>> I just figured it would be easiest to file a MRS in the new (H's)
>>> bankruptcy case.
>>>
>>> But you're right that there ought to be some comfort order I can get in
>>> the Wife's case, although I don't know what kind of motion that would be...
>>> ("Motion To Confirm That Transfer Of Title Is Void"?)
>>>
>>>
>>> On 4/19/2016 10:02 AM, Patrick Green pat@fitzgreenlaw.com [cdcbaa]
>>> wrote:
>>>
>>> Mark:
>>>
>>>
>>>
>>> House became property of Ws bk estate on filing. Even if H had a CP
>>> interest under Moore-Marsden, that CP is property of the estate.
>>>
>>>
>>>
>>> While I agree with Peter that she had nothing to transfer, the deed
>>> creates a cloud on title. There can be no sale unless the title company
>>> will insure title, so see what they will require. I am betting they will
>>> want a comfort order from the bk court, but you wont know until you ask.
>>>
>>>
>>>
>>> If you have any questions or concerns, please contact me.
>>>
>>>
>>>
>>> Pat
>>>
>>>
>>>
>>> Patrick T. Green
>>>
>>> Attorney at Law
>>>
>>> Fitzgerald & Green, Attorneys at Law
>>>
>>> 1010 E. Union St. Suite 206
>>>
>>> Pasadena, CA 91106
>>>
>>> Tel: (626) 449-8433
>>>
>>> Fax: (626) 449-0565
>>>
>>> pat@fitzgreenlaw.com
>>>
>>>
>>>
>>>
>>>
>>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
>>> *Sent:* Monday, April 18, 2016 10:39 PM
>>> *To:* cdcbaa@yahoogroups.com
>>> *Subject:* Re: [cdcbaa] Transfer of title during Ch. 13
>>>
>>>
>>>
>>>
>>>
>>> It's preconfirmation at this point.
>>>
>>> On 4/18/2016 7:47 PM, Peter Lively petermlively2000@yahoo.com [cdcbaa]
>>> wrote:
>>>
>>> The form plan in CDCA does not provide for vesting of estate property in
>>> the debtor at plan confirmation, so how could title pass from estate to
>>> husband without court approval?
>>>
>>>
>>>
>>> Yes, each spouse can be in individual chapter 13 cases
>>>
>>> Sent from my iPhone - please excuse typos.
>>>
>>>
>>> On Apr 18, 2016, at 6:34 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa]
>>> wrote:
>>>
>>>
>>>
>>> Putting on our creditor hats for a moment:
>>>
>>> I'm representing a secured creditor on a rental property that was owned
>>> by Wife, who filed two Chapter 13 cases in one year.
>>>
>>> I obtained an order confirming the stay was terminated after 30 days and
>>> my clients proceeded to renotice the foreclosure sale.
>>>
>>> 1 business day before the new foreclosure sale, the debtor/wife
>>> quitclaims the property of the estate to herself AND her husband (who had
>>> not filed bankruptcy).
>>>
>>> Then on the same day husband files his own Chapter 13, thereby stopping
>>> the foreclosure sale.
>>>
>>> I'm filing an MRS based on bad faith in the husband's case, but I have a
>>> few questions that I think I know the answers to, but haven't researched in
>>> a while, so if anyone knows off the top of their head, I'd appreciate the
>>> confirmation/information:
>>>
>>> 1. Is there any "penalty" for wife transferring the interest in the
>>> property to husband without court approval in her Chapter 13 case? (and by
>>> penalty, I mean to include the possibility that the transfer is void by
>>> operation of law)
>>>
>>> 2. Can husband and wife each have a Chapter 13 case going at the same
>>> time?
>>>
>>>
>>> *************************
>>> Mark J. Markus
>>> Law Office of Mark J. Markus
>>> *Mailing Address Only:*
>>> 11684 Ventura Blvd. PMB #403
>>> Studio City, CA 91604-2652
>>> (818)509-1173 (818)332-1180 (fax)
>>> web: http://www.bklaw.com/
>>> Certified Bankruptcy Law Specialist--The State Bar of California Board
>>> of Legal Specialization
>>> 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.
>>>
>>>
>>>
>>> --
>>>
>>> *************************
>>> Mark J. Markus
>>> Law Office of Mark J. Markus
>>> *Mailing Address Only:*
>>> 11684 Ventura Blvd. PMB #403
>>> Studio City, CA 91604-2652
>>> (818)509-1173 (818)332-1180 (fax)
>>> web: http://www.bklaw.com/
>>> Certified Bankruptcy Law Specialist--The State Bar of California Board
>>> of Legal Specialization
>>> 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.
>>>
>>>
>>>
>>> --
>>>
>>> *************************
>>> Mark J. Markus
>>> Law Office of Mark J. Markus
>>> *Mailing Address Only:*
>>> 11684 Ventura Blvd. PMB #403
>>> Studio City, CA 91604-2652
>>> (818)509-1173 (818)332-1180 (fax)
>>> web: http://www.bklaw.com/
>>> Certified Bankruptcy Law Specialist--The State Bar of California Board
>>> of Legal Specialization
>>> 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.
>>>
>>
>>
>> --
>> Giovanni Orantes, Esq.*
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 2920
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>>
>> **Certified Bankruptcy Specialist, State Bar of California, Board of
>> Legal Specialization*
>> *Board Certified - Business Bankruptcy Law - American Board of
>> Certification
>> *Board Certified - Consumer Bankruptcy Law - American Board of
>> Certification
>> Commercial Litigation
>> Estate Planning
>> Outside General Counsel
>>
>>
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN
>> BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>>
>> Note: The information in this e-mail message is not intended to be legal
>> advice and should not be relied upon as legal advice unless counsel
>> expressly contracted in writing to provide such advice. Furthermore, the
>> information contained in this e-mail message is confidential information
>> intended only for the use of the individual or entity named. If the reader
>> of this message is not the intended recipient or an agent responsible for
>> delivering it to the intended recipient, you are hereby notified that any
>> dissemination, distribution or copy of this communication is strictly
>> prohibited. If you have received this communication in error, please
>> immediately notify us by telephone or e-mail and delete the original e-mail
>> at (213) 389-4362 or (888) 619-8222
>> .
>>
>>
>
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> 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.
>
>
>
I agree that to be safe, you should file a MFR in H's case. My question/comment is didn't your actions violate 1301 in the wife's case? The 30 day stay terminates with respect to section 362 but I do not believe there is any 30 day exception to 1301. I am going strictly off of my understanding of the code; I have not reviewed case law.Sincerely,Michael Avanesian, Esq.Avanesian Law Firm801 N. Brand Blvd., Suite #1130Glendale, CA 91203Tel: 818.276.2477 | Fax:818.208.4550
The post was migrated from Yahoo.
Why is there no codebtor stay?
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law Firm
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: 818.276.2477 | Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
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 herein.
On Tue, Apr 19, 2016 at 10:25 AM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
> Perhaps a Motion for OSC Re Contempt of the Automatic Stay that arose
> under the order for relief per section 301 upon the filing for transferring
> the property? If ask for an order ruling the transfer to be void in that
> motion too.
>
> Usually you would need an AP to get an order ruling a transfer void but I
> think you don't need an AP when the transfer violates an existing order.
>
>
>
> On Tuesday, April 19, 2016, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> Thanks Peter and Pat,
>>
>> I just figured it would be easiest to file a MRS in the new (H's)
>> bankruptcy case.
>>
>> But you're right that there ought to be some comfort order I can get in
>> the Wife's case, although I don't know what kind of motion that would be...
>> ("Motion To Confirm That Transfer Of Title Is Void"?)
>>
>>
>> On 4/19/2016 10:02 AM, Patrick Green pat@fitzgreenlaw.com [cdcbaa] wrote:
>>
>> Mark:
>>
>>
>>
>> House became property of Ws bk estate on filing. Even if H had a CP
>> interest under Moore-Marsden, that CP is property of the estate.
>>
>>
>>
>> While I agree with Peter that she had nothing to transfer, the deed
>> creates a cloud on title. There can be no sale unless the title company
>> will insure title, so see what they will require. I am betting they will
>> want a comfort order from the bk court, but you wont know until you ask.
>>
>>
>>
>> If you have any questions or concerns, please contact me.
>>
>>
>>
>> Pat
>>
>>
>>
>> Patrick T. Green
>>
>> Attorney at Law
>>
>> Fitzgerald & Green, Attorneys at Law
>>
>> 1010 E. Union St. Suite 206
>>
>> Pasadena, CA 91106
>>
>> Tel: (626) 449-8433
>>
>> Fax: (626) 449-0565
>>
>> pat@fitzgreenlaw.com
>>
>>
>>
>>
>>
>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
>> *Sent:* Monday, April 18, 2016 10:39 PM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* Re: [cdcbaa] Transfer of title during Ch. 13
>>
>>
>>
>>
>>
>> It's preconfirmation at this point.
>>
>> On 4/18/2016 7:47 PM, Peter Lively petermlively2000@yahoo.com [cdcbaa]
>> wrote:
>>
>> The form plan in CDCA does not provide for vesting of estate property in
>> the debtor at plan confirmation, so how could title pass from estate to
>> husband without court approval?
>>
>>
>>
>> Yes, each spouse can be in individual chapter 13 cases
>>
>> Sent from my iPhone - please excuse typos.
>>
>>
>> On Apr 18, 2016, at 6:34 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] > cdcbaa@yahoogroups.com> wrote:
>>
>>
>>
>> Putting on our creditor hats for a moment:
>>
>> I'm representing a secured creditor on a rental property that was owned
>> by Wife, who filed two Chapter 13 cases in one year.
>>
>> I obtained an order confirming the stay was terminated after 30 days and
>> my clients proceeded to renotice the foreclosure sale.
>>
>> 1 business day before the new foreclosure sale, the debtor/wife
>> quitclaims the property of the estate to herself AND her husband (who had
>> not filed bankruptcy).
>>
>> Then on the same day husband files his own Chapter 13, thereby stopping
>> the foreclosure sale.
>>
>> I'm filing an MRS based on bad faith in the husband's case, but I have a
>> few questions that I think I know the answers to, but haven't researched in
>> a while, so if anyone knows off the top of their head, I'd appreciate the
>> confirmation/information:
>>
>> 1. Is there any "penalty" for wife transferring the interest in the
>> property to husband without court approval in her Chapter 13 case? (and by
>> penalty, I mean to include the possibility that the transfer is void by
>> operation of law)
>>
>> 2. Can husband and wife each have a Chapter 13 case going at the same
>> time?
>>
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> *Mailing Address Only:*
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)332-1180 (fax)
>> web: http://www.bklaw.com/
>> Certified Bankruptcy Law Specialist--The State Bar of California Board of
>> Legal Specialization
>> 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.
>>
>>
>>
>> --
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> *Mailing Address Only:*
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)332-1180 (fax)
>> web: http://www.bklaw.com/
>> Certified Bankruptcy Law Specialist--The State Bar of California Board of
>> Legal Specialization
>> 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.
>>
>>
>>
>> --
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> *Mailing Address Only:*
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)332-1180 (fax)
>> web: http://www.bklaw.com/
>> Certified Bankruptcy Law Specialist--The State Bar of California Board of
>> Legal Specialization
>> 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.
>>
>>
>
> --
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> **Certified Bankruptcy Specialist, State Bar of California, Board of Legal
> Specialization*
> *Board Certified - Business Bankruptcy Law - American Board of
> Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of
> Certification
> Commercial Litigation
> Estate Planning
> Outside General Counsel
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information in this e-mail message is not intended to be legal
> advice and should not be relied upon as legal advice unless counsel
> expressly contracted in writing to provide such advice. Furthermore, the
> information contained in this e-mail message is confidential information
> intended only for the use of the individual or entity named. If the reader
> of this message is not the intended recipient or an agent responsible for
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Why is there no codebtor stay?
The post was migrated from Yahoo.
Perhaps a Motion for OSC Re Contempt of the Automatic Stay that arose under
the order for relief per section 301 upon the filing for transferring the
property? If ask for an order ruling the transfer to be void in that
motion too.
Usually you would need an AP to get an order ruling a transfer void but I
think you don't need an AP when the transfer violates an existing order.
On Tuesday, April 19, 2016, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
>
> Thanks Peter and Pat,
>
> I just figured it would be easiest to file a MRS in the new (H's)
> bankruptcy case.
>
> But you're right that there ought to be some comfort order I can get in
> the Wife's case, although I don't know what kind of motion that would be...
> ("Motion To Confirm That Transfer Of Title Is Void"?)
>
>
> On 4/19/2016 10:02 AM, Patrick Green pat@fitzgreenlaw.com
> [cdcbaa] wrote:
>
> Mark:
>
>
>
> House became property of Ws bk estate on filing. Even if H had a CP
> interest under Moore-Marsden, that CP is property of the estate.
>
>
>
> While I agree with Peter that she had nothing to transfer, the deed
> creates a cloud on title. There can be no sale unless the title company
> will insure title, so see what they will require. I am betting they will
> want a comfort order from the bk court, but you wont know until you ask.
>
>
>
> If you have any questions or concerns, please contact me.
>
>
>
> Pat
>
>
>
> Patrick T. Green
>
> Attorney at Law
>
> Fitzgerald & Green, Attorneys at Law
>
> 1010 E. Union St. Suite 206
>
> Pasadena, CA 91106
>
> Tel: (626) 449-8433
>
> Fax: (626) 449-0565
>
> pat@fitzgreenlaw.com
>
>
>
>
>
>
> *From:* cdcbaa@yahoogroups.com
> [
> mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Monday, April 18, 2016 10:39 PM
> *To:* cdcbaa@yahoogroups.com
>
> *Subject:* Re: [cdcbaa] Transfer of title during Ch. 13
>
>
>
>
>
> It's preconfirmation at this point.
>
> On 4/18/2016 7:47 PM, Peter Lively
>
> petermlively2000@yahoo.com
> [cdcbaa]
> wrote:
>
> The form plan in CDCA does not provide for vesting of estate property in
> the debtor at plan confirmation, so how could title pass from estate to
> husband without court approval?
>
>
>
> Yes, each spouse can be in individual chapter 13 cases
>
> Sent from my iPhone - please excuse typos.
>
>
> On Apr 18, 2016, at 6:34 PM, 'Mark J. Markus'
> bklawr@yahoo.com
> [cdcbaa] cdcbaa@yahoogroups.com
> > wrote:
>
>
>
> Putting on our creditor hats for a moment:
>
> I'm representing a secured creditor on a rental property that was owned by
> Wife, who filed two Chapter 13 cases in one year.
>
> I obtained an order confirming the stay was terminated after 30 days and
> my clients proceeded to renotice the foreclosure sale.
>
> 1 business day before the new foreclosure sale, the debtor/wife quitclaims
> the property of the estate to herself AND her husband (who had not filed
> bankruptcy).
>
> Then on the same day husband files his own Chapter 13, thereby stopping
> the foreclosure sale.
>
> I'm filing an MRS based on bad faith in the husband's case, but I have a
> few questions that I think I know the answers to, but haven't researched in
> a while, so if anyone knows off the top of their head, I'd appreciate the
> confirmation/information:
>
> 1. Is there any "penalty" for wife transferring the interest in the
> property to husband without court approval in her Chapter 13 case? (and by
> penalty, I mean to include the possibility that the transfer is void by
> operation of law)
>
> 2. Can husband and wife each have a Chapter 13 case going at the same
> time?
>
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> 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.
>
>
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> 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.
>
>
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> 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.
>
>
>
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, the
information contained in this e-mail message is confidential information
intended only for the use of the individual or entity named. If the reader
of this message is not the intended recipient or an agent responsible for
delivering it to the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone or e-mail and delete the original e-mail
Perhaps aMotion for OSC Re Contempt of the Automatic Stay that arose under the order for relief persection301 upon the filingfor transferring the property? If ask for an order ruling the transfer to be void in that motion too.Usually you wouldneed an AP to get an order ruling a transfer void but I think youdon't need an AP when the transfer violates an existing order.On Tuesday, April 19, 2016, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Thanks Peter and Pat,
I just figured it would be easiest to file a MRS in the new (H's)
bankruptcy case.
But you're right that there ought to be some comfort order I can
The post was migrated from Yahoo.
The form plan in CDCA does not provide for vesting of estate property in the debtor at plan confirmation, so how could title pass from estate to husband without court approval?
Yes, each spouse can be in individual chapter 13 cases
Sent from my iPhone - please excuse typos.
> On Apr 18, 2016, at 6:34 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> Putting on our creditor hats for a moment:
>
> I'm representing a secured creditor on a rental property that was owned by Wife, who filed two Chapter 13 cases in one year.
>
> I obtained an order confirming the stay was terminated after 30 days and my clients proceeded to renotice the foreclosure sale.
>
> 1 business day before the new foreclosure sale, the debtor/wife quitclaims the property of the estate to herself AND her husband (who had not filed bankruptcy).
>
> Then on the same day husband files his own Chapter 13, thereby stopping the foreclosure sale.
>
> I'm filing an MRS based on bad faith in the husband's case, but I have a few questions that I think I know the answers to, but haven't researched in a while, so if anyone knows off the top of their head, I'd appreciate the confirmation/information:
>
> 1. Is there any "penalty" for wife transferring the interest in the property to husband without court approval in her Chapter 13 case? (and by penalty, I mean to include the possibility that the transfer is void by operation of law)
>
> 2. Can husband and wife each have a Chapter 13 case going at the same time?
>
>
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> Mailing Address Only:
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
> 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.
>
The post was migrated from Yahoo.