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Hardship Discharge Procedure
I agree with Mark. The Order setting bar date is unnecessary.
On Thu, Nov 12, 2015 at 12:24 PM, Yahoo petermlively2000@yahoo.com [cdcbaa]
wrote:
>
>
> Correct you're gone and trustee's final accounting will be filed eventually
>
> Sent from my iPhone - please excuse typos.
>
> On Nov 12, 2015, at 10:05 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
>
> I've never done one (and thus haven't read the rules recently) but didn't
> your 1328(b) Motion go out on notice to all creditors? If so, I don't see
> why they would get a second bite at the apple to object to discharge.
> Their opportunity to object was to the Motion. Of course, I could be
> entirely wrong about that.
>
> On 11/12/2015 9:53 AM, sam@southbaybk.com [cdcbaa] wrote:
>
> I had a Motion for Hardship Discharge under 1328(b) granted. I then duly
> uploaded an Order Setting Bar Date for Nondischargeability complaints. The
> Judge signed that order and the BNC mailed it out. The "problem" is that
> the clerk also (immediately after the Motion was granted) issued the
> discharge and BNC mailed it out too. I don't want to rock the boat - but
> doesn't this seem peculiar? I did not even file the Debtors' Certificate of
> Compliance, and trustee has not yet filed an Intent to File Final Report.
> I'm inclined to just let it go, but I'm bothered because it seems that the
> discharge was issued prematurely. Anyone else have this experience?
>
>
>
> --
>
> *************************
> 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
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> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
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> 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.
>
>
>
Kirk Brennan
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I agree with Mark. The Order setting bar date is unnecessary.On Thu, Nov 12, 2015 at 12:24 PM, Yahoo petermlively2000@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
Correct you're gone and trustee's final accounting will be filed eventually
Sent from my iPhone - please excuse typos.
> On Nov 12, 2015, at 10:05 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> I've never done one (and thus haven't read the rules recently) but didn't your 1328(b) Motion go out on notice to all creditors? If so, I don't see why they would get a second bite at the apple to object to discharge. Their opportunity to object was to the Motion. Of course, I could be entirely wrong about that.
>
>> On 11/12/2015 9:53 AM, sam@southbaybk.com [cdcbaa] wrote:
>> I had a Motion for Hardship Discharge under 1328(b) granted. I then duly uploaded an Order Setting Bar Date for Nondischargeability complaints. The Judge signed that order and the BNC mailed it out. The "problem" is that the clerk also (immediately after the Motion was granted) issued the discharge and BNC mailed it out too. I don't want to rock the boat - but doesn't this seem peculiar? I did not even file the Debtors' Certificate of Compliance, and trustee has not yet filed an Intent to File Final Report. I'm inclined to just let it go, but I'm bothered because it seems that the discharge was issued prematurely. Anyone else have this experience?
>>
>
>
> --
>
> *************************
> 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.
>
The post was migrated from Yahoo.