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Appropriate Interest Rate in Chapter 13?
Thank you
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California
91364-2203
Telephone: (818)226-1205
Email: kennethjschwartz@yahoo.com
Sent from my iPhone
On Dec 8, 2012, at 11:44 AM, "californiadebtreliefagency" wrote:
> Ken,
>
> Consider the Til interest rate calculation. You may also consider contacting the second about forgiveness of the debt, as so many are doing, or stipulating with them on treatment. That worked for me before Judge Johnson.
>
> Lou
>
> --- In cdcbaa@yahoogroups.com, "Kenneth Schwartz" wrote:
> >
> > Strategically, it is going to make more sense to fully pay off a client's 2nd TD on his house in full through his Chapter 13 Plan than fight Judge Johnson vis-a-vis a lien strip (the 2nd is wholly unsecured) . My question is what interest rate. I arbitrarily was going to choose 4%.
> >
>
>
Thank youKenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2203Telephone: (818)226-1205Email:
The post was migrated from Yahoo.
What cases or other authority are there for the proposition that a piece of real estate acquired during marriage, for example, is actually community property even though it was titled as separate property and the spouse executed a quitclaim? The real property is mixed-used (the debtor and spouse both live and operate a retail store in it) and the debtor and spouse work over 40 hours a week each to run the business in it.
I already know about Family Code 760 and have a case cite, which I don't have at the moment as I'm not at my office, but I'm wondering if others would share their citations. The counterargument is that the California Evidence Code says an asset is presumed to be separate if so titled. I want it ruled to be community property.
I would imagine the trustees or trustees' attorneys in the Association would have the most information on this and I'd appreciate it if they would share it.
Thank you in advance.
Giovanni Orantes
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Subject: Re: Appropriate Interest Rate in Chapter 13?
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Ken,
Consider the Til interest rate calculation. You may also consider contacting the second about forgiveness of the debt, as so many are doing, or stipulating with them on treatment. That worked for me before Judge Johnson.
Lou
ote:
>
> Strategically, it is going to make more sense to fully pay off a client's 2nd TD on his house in full through his Chapter 13 Plan than fight Judge Johnson vis-a-vis a lien strip (the 2nd is wholly unsecured) . My question is what interest rate. I arbitrarily was going to choose 4%.
>
The post was migrated from Yahoo.
Strategically, it is going to make more sense to fully pay off a client's 2nd TD on his house in full through his Chapter 13 Plan than fight Judge Johnson vis-a-vis a lien strip (the 2nd is wholly unsecured) . My question is what interest rate. I arbitrarily was going to choose 4%.
The post was migrated from Yahoo.