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Form E - motion on reaff agreement erroneously filed =
Hi Holly,
Let me know--I might be able to cover this hearing--BB is one of "our" LA Public Counsel judges for Reaf hearings.
Sincerely,
Tyson M. Takeuchi, Esq.
Tyson M. Takeuchi
Certified
Bankruptcy Specialist*^
Law Offices of Tyson M. Takeuchi
1100
Wilshire Blvd., Ste. 2606
Los Angeles, CA 90017
tel: (213)
637-1866
fax: (866) 481-3236
*By State Bar of California Board of
Legal Specialization
^Consumer Bankruptcy Specialist Certified by
American Board of Certification
To: cdcbaa@yahoogroups.com
Date: Thu, 22 Mar 2012 16:34:12 -0700
Subject: [cdcbaa] Re: Form E - motion on reaff agreement erroneously filed by creditor - now BB set a hearing date for me to appear
Actually, it appears that the creditor did NOT file Form E, but BB made this hearing on the court's own motion since the box was checked. Perhaps we did not adequately explain on Part D how debtor proposes to make the payments?
Has anyone dealt with this issue before where the court calls you to explain the undue hardship? Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Thu, Mar 22, 2012 at 3:53 PM, Holly Roark wrote:
The creditor erroneously filed Form E - motion on reaff agreement - with the reaff agreement. (True, I did hand it back to them signed (my fault).) Usually they know better than to file this. Now BB set a hearing date for me to appear and "discuss the presumption of undue hardship". I signed off on the reaff in section C, and debtor wants to keep the car.
How can I fix this? Can I voluntarily dismiss the motion? Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
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