CH 11: after plan, DS, and ballots served, I noticed an

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Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Yes, the ED is later than 14 days after the confirmation. It says so in the
Disclosure Statement and in all the exhibits to the Plan. I just neglected
to cross out that language in the preprinted (hyphen?) plan on page 8.
So are you saying I have to send out the entire package again? But first I
have to file an ex parte to fix this? And probably ask for all new dates
as well?
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
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
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Thu, Feb 27, 2014 at 8:58 PM, cdcbaa wrote:
>
>
> Sorry, what did I misread. Is the ED at a later time than 14 days after
> confirmation?
>
> If so you have to revote.
>
> d
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
> [image: cid:part1.03050307.05030101@bklaw.com]
>
> On Feb 27, 2014, at 8:35 PM, Holly Roark wrote:
>
>
>
> It's definitely NOT moving up the date.
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> 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
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
> On Thu, Feb 27, 2014 at 8:13 PM, cdcbaa wrote:
>
>>
>>
>> file an exparte motion to amend the plan to change the effective date.
>> If you are moving up the date, you are not impairing anyone, so the court
>> will grant it.
>>
>> d
>>
>> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
>> 310-328-1001-voice
>> [image: cid:part1.03050307.05030101@bklaw.com]
>>
>> On Feb 27, 2014, at 8:01 PM, Holly Roark wrote:
>>
>>
>>
>> The Disclosure Statement clearly spells out when we'd like the Effective
>> Date to be (which is our proposed date for all creditors to be paid in full
>> in a lump sum) but unfortunately my Second Amended Plan (the one that was
>> served on creditors) has a different date (the form says 2 weeks after
>> confirmation.) In my prior versions of the plan I was careful to cross that
>> out and put my own date, but I totally missed it on the Second Amended
>> Plan. This is the one everyone is voting on. What do I do to fix this? In
>> a Chapter 13 I would ask to interlineate the change at the hearing but I am
>> not sure whether I can do that here.
>>
>> FYI, several attachments to the Second Amended Plan refer to the right
>> Effective Date; it's just the form plan language that I forgot to cross
>> out. Any ideas on how to address this with the Court? It's PC in the CDCA.
>>
>>
>>
>>
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> Central District of California
>> 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
>>
>>
>> **For a quicker response, email me at holly@roarklawoffices.com.
>> I only use gmail for my listservs, and am likely to miss private emails
>> directed to my gmail account.**
>>
>>
>>
>
>
Yes, the ED is later than 14 days after the confirmation. It says so in the Disclosure Statement and in all the exhibits to the Plan. I just neglected to cross out that language in the preprinted (hyphen?) plan on page 8.
So are you saying I have to send out the entire package again? But first I have to file an ex parte to fix this? And probably ask for all new dates as well?
The post was migrated from Yahoo.
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


It's definitely NOT moving up the date.
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
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
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Thu, Feb 27, 2014 at 8:13 PM, cdcbaa wrote:
>
>
> file an exparte motion to amend the plan to change the effective date. If
> you are moving up the date, you are not impairing anyone, so the court will
> grant it.
>
> d
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
> [image: cid:part1.03050307.05030101@bklaw.com]
>
> On Feb 27, 2014, at 8:01 PM, Holly Roark wrote:
>
>
>
> The Disclosure Statement clearly spells out when we'd like the Effective
> Date to be (which is our proposed date for all creditors to be paid in full
> in a lump sum) but unfortunately my Second Amended Plan (the one that was
> served on creditors) has a different date (the form says 2 weeks after
> confirmation.) In my prior versions of the plan I was careful to cross that
> out and put my own date, but I totally missed it on the Second Amended
> Plan. This is the one everyone is voting on. What do I do to fix this? In
> a Chapter 13 I would ask to interlineate the change at the hearing but I am
> not sure whether I can do that here.
>
> FYI, several attachments to the Second Amended Plan refer to the right
> Effective Date; it's just the form plan language that I forgot to cross
> out. Any ideas on how to address this with the Court? It's PC in the CDCA.
>
>
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> 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
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>
It's definitely NOT moving up the date.Holly RoarkCertified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
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
The post was migrated from Yahoo.
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