.jpg)
Need for 9019 Motion in Ch. 13 for Settlement of Objection to Claim
I filed a motion to disallow a claim in a Chapter 13 Case. I later filed a
complaint containing a claim for disallowance of the same claim, among
other claims. The Court entered judgment on the pleadings on all the
claims in the complaint except the claim for disallowance of the claim per
valuation of collateral. The Court had scheduled a trial for this Thursday
and I was ready to go. However, I just settled the complaint with the
defendant. The Judge indicated to the opposing side and me that he did not
take a position regarding whether a 9019 motion is necessary but that a
stipulated judgment and/or a 9019 motion need be filed by a deadline in a
few days. The valuation reduces to zero the percentage to be paid to
unsecured creditors, but it would have been zero regardless because the
claim was for an even higher secured amount. Is a 9019 motion needed or
would a stipulated judgment do?
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.
Note: The information in this e-mail message is not intended to be legal
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, the
information contained in this e-mail message is confidential information
intended only for the use of the individual or entity named. If the reader
of this message is not the intended recipient or an agent responsible for
delivering it to the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone or e-mail and delete the original e-mail
I filed a motion to disallow a claim in a Chapter 13 Case. same claim, among other claims. The Court entered judgment on the pleadings on all the claims in the complaint except the claim for disallowance of the claim per valuation of collateral. The Court had scheduled a trial for this Thursday and I was ready to go. However, I just settled the complaint with the defendant. The Judge indicated to the opposing side and me that he did not take a position regarding whether a 9019 motion is necessary but that a stipulated judgment and/or a 9019 motion need be filed by a deadline in a few days. The valuation reduces to zero the percentage to be paid to unsecured creditors, but it would have been zero regardless because the claim was for an even higher secured amount. Is a 9019 motion needed or would a stipulated judgment do?-- 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 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com
The post was migrated from Yahoo.