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Riverside considering 706(b) motion to convert to Cha=
You might find the attached case helpful.Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Monday, October 19, 2015 12:44 PM, "'Steven B. Lever' sblever@leverlaw.com [cdcbaa]" wrote:
They are a good test case in that and other respects. I will consider using NACBA as Mark suggests and another member has actually done some research on this, and after I get his permission since he did it off list Ill share what he found. He found a really bad case for this out of the 8th Circuit, and more. So far all the cases look bad for the debtor. Nothing binding but creditors and the UST seem to be getting their way. We definitely need to counter this with a brief we can all use rather than each of us having to do it from scratch. @yahoogroups.com]
Sent: Monday, October 19, 2015 9:34 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Riverside considering 706(b) motion to convert to Chapter 11 Steve: Look at the bright side. They can afford to pay your fees (assuming you meant 20k/m not year) all the way to the Supremes. If you have any questions or concerns, please contact me. Pat Patrick T. Green Attorney at Law Fitzgerald & Green, Attorneys at Law 1010 E. Union St. Suite 206 Pasadena, CA 91106 Tel: (626) 449-8433 Fax: (626) 449-0565 pat@fitzgreenlaw.com From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Sunday, October 18, 2015 1:24 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Riverside considering 706(b) motion to convert to Chapter 11 Could a chapter 11 plan ever be confirmed anyway?be able to pay the taxes with statutory interest within 60 months from the date of the filing of the petition? I think you need someone like me to look at the facts and explain how an 11 would be for naught. Of course, I've also made the unconstitutionality argument before, but prevailed based on a different section and on practical grounds. On Sun, Oct 18, 2015 at 12:46 PM, 'Mark J. Markus'bklawr@yahoo.com [cdcbaa] wrote:
They've been threatening this for years, and I think in other parts of the country it has been attempted.
It is unconstitutional.
If they file the Motion, I would strongly urge you to get NACBA involved to assist in preparing oppositions (and make sure you make a proper record) and if somehow the court grants the motion, you need to get them involved in an appeal. This needs to be squashed, and squashed hard at the outset. --
*************************
Mark J. Markus
Law Office of Mark J. Markus
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On 10/16/2015 5:56 PM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
I thought this community of bankruptcy scholars may be interested in this possible scenario I could be dealing with. I filed a Chapter 7 in Riverside and its mostly all tax debt. So 11 U.S.C. 707(b) does not apply. Debtors earn $20,000 gross per year. They wouldnt pass the means test if they had to take it. UST asks why with the large income they dont convert to Chapter 13.very requests and I ask if they reject my 11 U.S.C. 707(b) analysis as this is not a consumer case which is a requirement under 11 U.S.C. ), but are considering an 11 U.S.C. 706(b) motion to convert to Chapter 11, which can be brought by any party in interest. That is opposed to an 11 U.S.C. 706(a) conversion to Chapter 13 which can only be brought by the Debtor. Frankly, I never thought of that or ever heard of that tactic. Im mostly mentioning this scenario because it expanded my horizons on the use of the Bankruptcy Code. It seems odd to me that Debtors who would qualify for Chapter 13 (they do) and could not be forced into a 13 could be forced into an 11. WJ is the judge so that is a consideration, but it seems like an end run around the abuse standards in the Code. If anyone wants to comment on or off list Ithat may be of interest. I presume no one has actually litigated this, but if you have Id definitely like to hear from you. Thank you. Steve Law Offices of Steven B. Lever Steven B. Lever ( Tel. (562) 436-5456 ext. 1 ( Fax (562) 485-6886 * sblever@leverlaw.com www.leverlaw.com ****************************************************** This Internet e-mail contains confidential information which is intended only for the addressee and which may be privileged under applicable law. Do not read, copy or disseminate it if you are not the addressee. If you have received this message in error, please notify the sender immediately and delete it. Thank you. ******************************************************
--
*************************
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 addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, 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 in this communication.
-- Giovanni Orantes, Esq.* Orantes Law Firm, P.C.
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