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Fwd: Ch. 20 (or 18) lien strips and paying discharged
I need the 11 to reamortize the loan over 30 years to get a lower
monthly payment. That can't be done in a 13 (at least not the way I
read it).
I haven't fully read the ROSA case yet, but it seems like the
allusion to Chapter 11 is to 1111(b) election, which is quite
different than mandating the unsecured portion be treated as an
allowed claim in the Plan.
I can negotiate with the secured creditor to deal with the 1111(b)
possibility, but it's a different story if he APR is implicated
because that affects all unsecured creditors.
On 10/26/2016 1:00 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
>
>
> Maybe a 13 would suffice since the debt limits don't apply to
> discharged debt in a 13 per the same case or another note in Judge
> Bason's procedures.
>
> --
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NOTICE: This Electronic Message contains information from the law
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The post was migrated from Yahoo.
Thanks. That is so NOT what I wanted to hear...
On 10/26/2016 12:19 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
> Q. Chapter "20" (ch.7 case followed by ch.13). Judge Bason has
> held that a creditor holding a stripped down or stripped off claim
> is not entitled to share in distributions to unsecured creditors
> when the in personam liability has been discharged in a prior
> chapter 7 case. See In re Rosa, 521 B.R. 337 (Bankr. N.D. Cal. 2014).
>
> Note that the case itself explains that you likely would have to
> pay in an 11 while you would not have to pay in a 13.
>
> --
> WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT
> IT IN WRITING.
>
> 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.
>
>
>
******************************************
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
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IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
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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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IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
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The post was migrated from Yahoo.