individual debtor in ch 11 discharge

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I am referring to "1141(d)(5)(B) at any time after the confirmation of the
plan, and after notice and a hearing, the court may grant a discharge to
the debtor who has not completed payments under the plan if..."
I believe this allows the court to grant a discharge early even with the
language in Judge Brand's order.
Sincerely,
*Michael Avanesian, Esq. *
Simon Resnik Hayes, LLP
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
Tel: 818.783.6251 | Cel: 818.817.1725
*Confidentiality**: *This electronic transmission and its contents are
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On Fri, Jul 31, 2015 at 5:57 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
> What language, Mike? Assuming you're not talking about my language, I
> agree; however, my language differs in that it doesn't promise to wait to
> pay unsecureds before asking for the discharge. I represented a debtor in
> a case in which your current firm represented the other and we got the
> discharge well before the unsecureds got paid in full -- indeed, we got the
> discharge a couple of months after confirmation and went ahead and closed
> the case. Those clients can happily dispose of their quickly appreciating
> assets as they wish without fear of any Bankruptcy issue.
>
>
> --
> 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.
>
>
>
I am referring to "1141(d)(5)(B) at any time after the confirmation of the plan, and after notice and a hearing, the court may grant a discharge to the debtor who has not completed payments under the plan if..."I believe this allows the court to grant a discharge early even with the language in Judge Brand's order.Sincerely,Michael Avanesian, Esq.Simon Resnik Hayes, LLP15233 Ventura Blvd., Suite 250Sherman Oaks, CA 91403Tel: 818.783.6251 | Cel: 818.817.1725Confidentiality: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 Fri, Jul 31, 2015 at 5:57 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
What language, Mike? Assuming you're not talking about my language, I agree; however, my language differs in that it doesn't promise to wait to pay unsecureds before asking for the discharge. I represented a debtor in a case in which your current firm represented the other and we got the discharge well before the unsecureds got paid in full -- indeed, we got the discharge a couple of months after confirmation and went ahead and closed the case. Those clients can happily dispose of their quickly appreciating assets as they wish without fear of any Bankruptcy issue.-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com
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Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


What language, Mike? Assuming you're not talking about my language, I
agree; however, my language differs in that it doesn't promise to wait to
pay unsecureds before asking for the discharge. I represented a debtor in
a case in which your current firm represented the other and we got the
discharge well before the unsecureds got paid in full -- indeed, we got the
discharge a couple of months after confirmation and went ahead and closed
the case. Those clients can happily dispose of their quickly appreciating
assets as they wish without fear of any Bankruptcy issue.
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.
What language, Mike? Assuming you're not talking about my language, I agree; however, my language differs in that it doesn't promise to wait to pay unsecureds before asking for the discharge. the other and we got the discharge well before the unsecureds got paid in full -- indeed, we got the discharge a couple of months after confirmation and went ahead and closed the case. Those clients can happily dispose of their quickly appreciating assets as they wish without fear of any Bankruptcy issue.-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: 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 CertificationCommercial LitigationEstate PlanningOutside General Counsel
The post was migrated from Yahoo.
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


This language does not preclude you from filing a motion for early
discharge.
Sincerely,
*Michael Avanesian, Esq. *
Simon Resnik Hayes, LLP
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
Tel: 818.783.6251 | Cel: 818.817.1725
*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 Fri, Jul 31, 2015 at 4:09 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
>
> What I say prominently in my plan and disclosure statement is that I will
> seek the entry of discharge at the earliest opportunity possible under
> Bankruptcy law. I usually get the discharge soon after confirmation from
> most judges (e.g., a handful of months or less), though I haven't tried in
> my confirmed plans with Judge Brand yet. At least one judge first resisted
> but then granted me a discharge in a case in which I hadn't even filed the
> motion to request it and granted the discharge in the next case in which I
> requested it. My order is otherwise silent as to when the Debtor will get
> the discharge because I want to retain a fighting chance and don't want to
> have to overcome some language in the order.
>
>
> --
> 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.
>
>
>
This language does not preclude you from filing a motion for early discharge.Sincerely,Michael Avanesian, Esq.dana, sans-serif" size"4">Simon Resnik Hayes, LLP
The post was migrated from Yahoo.
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


What I say prominently in my plan and disclosure statement is that I will
seek the entry of discharge at the earliest opportunity possible under
Bankruptcy law. I usually get the discharge soon after confirmation from
most judges (e.g., a handful of months or less), though I haven't tried in
my confirmed plans with Judge Brand yet. At least one judge first resisted
but then granted me a discharge in a case in which I hadn't even filed the
motion to request it and granted the discharge in the next case in which I
requested it. My order is otherwise silent as to when the Debtor will get
the discharge because I want to retain a fighting chance and don't want to
have to overcome some language in the order.
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.
What I say prominently in my plan and disclosure statement is that I will seek the entry of discharge at the earliest opportunity possible under Bankruptcy law. I usually get the discharge soon after confirmation from most judges (e.g., a handful of months or less), though I haven't tried in my confirmed plans with Judge Brand yet. At least one judge first resisted but then granted me a discharge in a case in which I hadn't even filed the motion to request it and granted the discharge in the next case in which I requested it. My order is otherwise silent as to when the Debtor will get the discharge because I want to retain a fighting chance and don't want to have to overcome some language in the order.-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com
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