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Filing a "Notice of Bankruptcy" or "Suggestion of Bankruptcy...
I may have solved this mystery. I got a copy of the assignment of the
mortgage (which took place postpetition). Several mortgagors were listed on
the assignment but NOT the Debtor, which would explain why it's not showing
up on the credit report. The Debtor appears to be a grantor/grantee on the
property from many years ago, but not a borrower. And they keep sending
papers to the out of state house securing the loan instead of to the
Debtor, so the Debtor has no reason to know any of this is even happening.
They apparently sued the Debtor in this judicial foreclosure action because
of some partial interest the Debtor has, of which the Debtor is apparently
unaware.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
On Mon, Sep 14, 2015 at 10:39 PM, jesseelaw@aol.com [cdcbaa] wrote:
>
>
> I assume you mean neither the creditor nor its attorney were listed in the
> case. I further assume this out of state creditor is no longer a secured
> creditor. Amend the schedules so they are correct, but that does not solve
> the problem. See Section 726(a)(2) and (3). Creditor can still file a
> claim and be paid if creditor did not have notice or knowledge of the case
> in time to timely file a proof of claim. If the debtor had reason
> to know the obligation was transferred to a different entity prepetition
> and failed to list it in the schedules and matrix, then Section 523(a)(3)
> looms large and the debtor wants the creditor to file a claim to avoid the
> debt being excepted from discharge. Obviously if no notice of the change
> in note owner was provided to the debtor or if the creditor had actual
> knowledge of the bankruptcy itself or through a viable agency theory, the
> debtor may not care if a proof of claim is filed. If there are any
> nondischargeable nonpriority unsecured debts, the debtor might want to
> really evaluate all the angles before encouraging the out of state creditor
> to file a proof of claim.
>
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
>
> In a message dated 9/14/2015 8:22:58 P.M. Pacific Daylight Time,
> cdcbaa@yahoogroups.com writes:
>
>
>
> A review of the file shows that some time ago I sent a letter to the out
> of state creditor's attorney with a copy of the Notice of Bankruptcy Case
> Filing, however, it does not appear they are actually listed as a creditor
> in the case. I'm not sure how that happened. The case is an asset case.
> It does not appear distributions have been made yet. I am waiting for the
> trustee to get back to me. The claims bar date has passed and had passed
> by 10 days when I sent the letter to the creditor. From my letter it
> appears I assumed they had been listed but were still trying to collect in
> violation of the stay. How to fix this? Amend the schedules. Will Trustee
> allow them more time to file a claim? [This was a situation with many
> lenders and sales of mortgage loans and apparently, we missed this one, but
> it's a large liability.]
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> *Central District of California & District of Idaho* - Consumer
> Bankruptcy Attorney
> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
> T (310) 553-2600; F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
>
> On Mon, Sep 14, 2015 at 7:35 PM, Holly Roark
> wrote:
>
>> Is it proper to file a Notice of Bankruptcy or a Suggestion of Bankruptcy
>> in a state court case where I am not licensed but where my client is being
>> sued?
>>
>> If not, please advise how you handle.
>>
>>
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> *and Sports Lawyer*
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> *Central District of California & District of Idaho* - Consumer
>> Bankruptcy Attorney
>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>> T (310) 553-2600; F (310) 553-2601
>>
>> *By State Bar of California Board of Legal Specialization
>>
>>
>>
>
>
I may have solved this mystery. I got a copy of the assignment of the
mortgage (which took place postpetition). Several mortgagors were listed on the assignment
but NOT the Debtor, which would explain why it's not showing up on the credit report. The Debtor appears to be a grantor/grantee on the
property from many years ago, but not a borrower. And they keep sending papers to the out of state house securing the loan instead of to the Debtor, so the Debtor has no reason to know any of this is even happening. They apparently sued the Debtor in this judicial foreclosure action because of some partial interest the Debtor has, of which the Debtor is apparently unaware.
The post was migrated from Yahoo.
I assume you mean neither the creditor nor its attorney were listed in thecase. I further assume this out of state creditor is no longer a securedcreditor. Amend the schedules so they are correct, but that does not solve
the problem. See Section 726(a)(2) and (3). Creditor can still file aclaim and be paid if creditor did not have notice or knowledge of the casein time to timely file a proof of claim. If the debtor had reason to knowthe obligation was transferred to a different entity prepetition and failed
to list it in the schedules and matrix, then Section 523(a)(3) looms
large and the debtor wants the creditor to file a claim to avoid the debt being
excepted from discharge. Obviously if no notice of the change in note
owner was provided to the debtor or if the creditor had actual knowledge of
the bankruptcy itself or through a viable agency theory, the debtor may not
care if a proof of claim is filed. If there are any nondischargeable
nonpriority unsecured debts, the debtor might want to really evaluate all the
angles before encouraging the out of state creditor to file a proof of claim.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 9/14/2015 8:22:58 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
A review of the file shows that some time ago I sent a letter to the out
of state creditor's attorney with a copy of the Notice of Bankruptcy CaseFiling, however, it does not appear they are actually listed as a creditor in
the case. I'm not sure how that happened. The case is an asset case. Itdoes not appear distributions have been made yet. I am waiting for the
trustee to get back to me. The claims bar date has passed and had passed by
10 days when I sent the letter to the creditor. From my letter it appears I
assumed they had been listed but were still trying to collect in violationof the stay. How to fix this? Amend the schedules. Will Trustee allow
them more time to file a claim? [This was a situation with many lenders and
sales of mortgage loans and apparently, we missed this one, but it's a large
liability.]
Holly Roark
Certified Bankruptcy Specialist*
and Sports Lawyer
_holly@roarklawoffices.com_ (mailto:holly@roarklawoffices.com) **primary
email address**
_www.roarklawoffices.com_ (http://www.roarklawoffices.com/)
Central District of California & District of Idaho - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
On Mon, Sep 14, 2015 at 7:35 PM, Holly Roark wrote:
Is it proper to file a Notice of Bankruptcy or a Suggestion of Bankruptcyin a state court case where I am not licensed but where my client is beingsued?
If not, please advise how you handle.
Holly Roark
Certified Bankruptcy Specialist*
and Sports Lawyer
_holly@roarklawoffices.com_ (mailto:holly@roarklawoffices.com) **primary
email address**
_www.roarklawoffices.com_ (http://www.roarklawoffices.com/)
Central District of California & District of Idaho - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T _(310) 553-2600_ (tel:(310)%20553-2600) ; F _(310) 553-2601_
(tel:(310)%20553-2601)
*By State Bar of California Board of Legal Specialization
I assume you mean neither the creditor nor its attorney were listed in
the case. I further assume this out of state creditor is no longer asecured creditor. Amend the schedules so they are correct, but that does
not solve the problem. See Section 726(a)(2) and
(3). Creditor can still file a claim and be paid ifcreditor did not have notice or knowledge of the case in time to timely
file a proof of claim. If the debtor had reason to know theobligation was transferred to a different entity prepetition and failed tolist it in the schedules and matrix, then Section 523(a)(3) loomslarge and the debtor wants the creditor to file a claim to avoid the debt being
excepted from discharge. Obviously if no notice of thechange in note owner was provided to the debtor or if the creditor hadactual knowledge of the bankruptcy itself or through a viable agency
theory, the debtor may not care if a proof of claim is
filed. If there are any nondischargeable nonpriority unsecured
debts, the debtor might want to really evaluate all the angles before
encouraging the out of state creditor to file a proof of
claim.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 9/14/2015 8:22:58 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
A review of the file shows that some time ago I sent a letter to
the out of state creditor's attorney with a copy of the Notice of Bankruptcy
Case Filing, however, it does not appear they are actually listed as a
creditor in the case. I'm not sure how that happened. The case is an
asset case. It does not appear distributions have been made yet. I
am waiting for the trustee to get back to me. The claims bar date has
passed and had passed by 10 days when I sent the letter to the creditor. From
my letter it appears I assumed they had been listed but were still trying to
collect in violation of the stay. How to fix this? Amend the schedules. Will Trustee allow them more time to file a claim? [This was
a situation with many lenders and sales of mortgage loans and apparently, we
missed this one, but it's a large liability.]
Holly
Roark
Certified Bankruptcy
Specialist*
and
Sports Lawyer
holly@roarklawoffices.com **primary email
address**
The post was migrated from Yahoo.