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Dismissal of Chap 13 to refile
With property values likely higher, dismissing and refiling may be more detrimental.
You should do a complete liquidation analysis now vs. then.
Take into account costs of sale, trustee fees and other administrative expenses.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
Sent from my iPhone
> On Apr 11, 2017, at 4:14 PM, Tuan Le tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
> I am not sure its possible since there is substantial unexempt equity in the debtors house.
>
>
>
> Regards,
>
>
>
> Tuan Le
>
>
>
>
>
>
>
> DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
>
>
>
> Sent: Tuesday, April 11, 2017 4:12 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Dismissal of Chap 13 to refile
>
>
>
>
>
> If you modify to allow late filed claims, and lower the percentage (and increase the plan length possibly) will that work for you?
>
>
>
> Are you still tab 100% with the "new" claim?
>
> Very truly yours,
> Shai Oved
> The Law Offices of Shai Oved
> 7445 Topanga Cyn. Blvd., Suite 220
> Canoga Park, California 91303
> Tel: (818) 992-6588
> Fax: (818) 992-6511
> Email: ssoesq@aol.com
> www.shaioved.com
> ________________
> The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
>
>
>
> Sent from my iPhone
>
>
> On Apr 11, 2017, at 3:43 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa] wrote:
>
>
>
> No, you need to dismiss and file a new case then deal with 30 day automatic stay issue
>
>
>
>
>
> 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
>
> Toll Free: 888-BK PRO 4U (888-257-7648)
>
> www.TilemLaw.com
>
>
>
>
>
>
>
>
>
>
>
>
>
> 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.
>
>
>
> Sent: Tuesday, April 11, 2017 3:10 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Dismissal of Chap 13 to refile
>
>
>
>
>
> If the plan is amended, could the plan length be re-started? The unscheduled debt is in the 6 figures so the additional time to pay it is vital as the plan will likely remain 100%.
>
>
>
> Regards,
>
>
>
> Tuan Le
>
>
>
>
>
>
>
> DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
>
>
>
> Sent: Tuesday, April 11, 2017 3:04 PM
> To: Cdcbaa Yahoo Listserv
> Subject: Re: [cdcbaa] Dismissal of Chap 13 to refile
>
>
>
>
>
> How about amending the plan?
>
>
>
> On Apr 11, 2017 2:14 PM, "tuanl@stevelopezlaw.com [cdcbaa]" wrote:
>
>
>
> Dear List,
>
> I have a PC in a confirmed 5 yr Chap 13 plan who has been paying into the plan for 3 yrs. The plan is 100%. PC just realized that there was a huge debt that was not scheduled. Could PC dismiss the Chap 13 and re-file to include the unscheduled debt and is that even a good strategy since plan is 100%?
>
> Thanks,
> Tuan Le
>
>
>
The post was migrated from Yahoo.
That would be expected.
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
Toll Free: 888-BK PRO 4U (888-257-7648)
www.TilemLaw.com
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[cid:image005.png@01D0C939.A54B78D0] [cid:image006.png@01D0C939.A54B78D0] [SL] [AVVO] [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.
The post was migrated from Yahoo.
I am not sure it's possible since there is substantial unexempt equity in the debtor's house.
Regards,
Tuan Le
[Tuan-Le-Email-Signature]
DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
The post was migrated from Yahoo.
If you modify to allow late filed claims, and lower the percentage (and increase the plan length possibly) will that work for you?
Are you still tab 100% with the "new" claim?
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
Sent from my iPhone
> On Apr 11, 2017, at 3:43 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa] wrote:
>
> No, you need to dismiss and file a new case then deal with 30 day automatic stay issue
>
>
>
>
>
> 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
>
> Toll Free: 888-BK PRO 4U (888-257-7648)
>
> www.TilemLaw.com
>
>
>
>
>
>
>
>
>
>
>
>
>
> 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.
>
>
>
> Sent: Tuesday, April 11, 2017 3:10 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Dismissal of Chap 13 to refile
>
>
>
>
>
> If the plan is amended, could the plan length be re-started? The unscheduled debt is in the 6 figures so the additional time to pay it is vital as the plan will likely remain 100%.
>
>
>
> Regards,
>
>
>
> Tuan Le
>
>
>
>
>
>
>
> DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
>
>
>
> Sent: Tuesday, April 11, 2017 3:04 PM
> To: Cdcbaa Yahoo Listserv
> Subject: Re: [cdcbaa] Dismissal of Chap 13 to refile
>
>
>
>
>
> How about amending the plan?
>
>
>
> On Apr 11, 2017 2:14 PM, "tuanl@stevelopezlaw.com [cdcbaa]" wrote:
>
>
>
> Dear List,
>
> I have a PC in a confirmed 5 yr Chap 13 plan who has been paying into the plan for 3 yrs. The plan is 100%. PC just realized that there was a huge debt that was not scheduled. Could PC dismiss the Chap 13 and re-file to include the unscheduled debt and is that even a good strategy since plan is 100%?
>
> Thanks,
> Tuan Le
>
>
>
The post was migrated from Yahoo.
Thanks David. What happens with the creditors' claims? Do they usually add back the accrued interest and penalties once the case is dismissed and give a credit for the plan payments received?
Regards,
Tuan Le
[Tuan-Le-Email-Signature]
DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
The post was migrated from Yahoo.
No, you need to dismiss and file a new case - then deal with 30 day automatic stay issue
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
Toll Free: 888-BK PRO 4U (888-257-7648)
www.TilemLaw.com
[square-facebook-24] [square-twitter-24] [square-linkedin-24] [square-google-plus-24]
[cid:image005.png@01D0C939.A54B78D0] [cid:image006.png@01D0C939.A54B78D0] [SL] [AVVO] [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.
The post was migrated from Yahoo.
If the plan is amended, could the plan length be re-started? The unscheduled debt is in the 6 figures so the additional time to pay it is vital as the plan will likely remain 100%.
Regards,
Tuan Le
[Tuan-Le-Email-Signature]
DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
The post was migrated from Yahoo.
How about amending the plan?
On Apr 11, 2017 2:14 PM, "tuanl@stevelopezlaw.com [cdcbaa]" wrote:
>
>
> Dear List,
>
> I have a PC in a confirmed 5 yr Chap 13 plan who has been paying into the
> plan for 3 yrs. The plan is 100%. PC just realized that there was a huge
> debt that was not scheduled. Could PC dismiss the Chap 13 and re-file to
> include the unscheduled debt and is that even a good strategy since plan is
> 100%?
>
> Thanks,
> Tuan Le
>
>
How about amending the plan?On Apr 11, 2017 2:14 PM, "
The post was migrated from Yahoo.