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Expunging improperly filed bankruptcy case due to hijacking
Yikes! Under those circumstances a motion to expunge is entirely
appropriate! Hopefully, each case had the same judge assigned so you can more
easily consolidate the motions.
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 12/2/2015 3:59:21 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
No, Tenant filed bk in the homeowner's name. Turns out it was 3 separatetimes in 3 separate cases.
On 12/2/2015 3:17 PM, _jesseelaw@aol.com_ (mailto:jesseelaw@aol.com)
[cdcbaa] wrote:
Mark:
Tenant filed Chapter 7 in Tenant's name right? I don't see how the
tenant's bankruptcy can be expunged, as the tenant actually filed a bankruptcy
petition. A motion to expunge the bk would be appropriate if the tenant
impersonated the homeowner and filed a petition in the homeowner's name. Is
the tenant's bk appearing on the actual homeowner's credit report saying
somehow the home loan was impacted by the tenant's bk? If so homeowner can
contest the reference on the credit report with the credit reporting agencies
because tenant was not owner of the property nor obligated on the loan. Homeowner might need to wait until completion of the quiet title action toprove tenant committed fraud though.
If the real homeowner needs to file a bk it is not a repeat filing as it
is an personum issue not in rem one (barring there being an in rem order
affecting the property in the tenant's dismissed bk), There is no limitation
on the normal term of the automatic stay. The only automatic stay issues I
can see is a lender filing a motion for relief from stay alleging bad
faith because of the alleged transfers, but the tenant's fraud would be a clear
defense to that.
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 12/2/2015 2:42:43 P.M. Pacific Standard Time,
_cdcbaa@yahoogroups.com_ (mailto:cdcbaa@yahoogroups.com) writes:
I'm not sure this is "hijacking" in the sense that we've come to know it,but here are the facts:
Homeowner leases real property to Tenant.
Tenant fraudulently executes and somehow records a quitclaim deed puttingtitle into Tenant's name.
Tenant then files bankruptcy to stop a pending foreclosure. The case is
dismissed due to, I assume, failure to show up to the 341a meeting.
There is a pending quiet title action in state court and criminal chargesagainst the tenant, but my question is: Is there any way to "expunge" orremove the bankruptcy from the innocent debtor's records, both for purposes
of helping his credit report as well as the less problematic issue of
having to deal with automatic stay issues should he (the real homeowner) needs
to file a BK in the next year.
I recall somebody telling me they did this in a case (was it Shai?).
*************************
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 ofLegal 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 forthe use of the addressee only. If you are not the addressee, note that anydisclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed bythe 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 partyany transaction or matter addressed in this communication.
*************************
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 ofLegal 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 forthe use of the addressee only. If you are not the addressee, note that anydisclosure, copy, distribution or use of the contents of this message is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed bythe 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 partyany transaction or matter addressed in this communication.
*************************
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 ofLegal 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 forthe use of the addressee only. If you are not the addressee, note that anydisclosure, copy, distribution or use of the contents of this message is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed bythe 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 partyany transaction or matter addressed in this communication.
*************************
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 ofLegal 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 forthe use of the addressee only. If you are not the addressee, note that anydisclosure, copy, distribution or use of the contents of this message is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed bythe 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 partyany transaction or matter addressed in this communication.
Yikes! Under those circumstances a motion to expunge is entirely
appropriate! Hopefully, each case had the same judgeassigned so you can more easily consolidate the motions.
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 12/2/2015 3:59:21 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
No, Tenant filed bk in the homeowner's
name. Turns out it was 3 separate times in 3 separate
cases.On 12/2/2015 3:17 PM, jesseelaw@aol.com [cdcbaa] wrote:
Mark:
Tenant filed Chapter 7 in Tenant's name right? I don't see how
the tenant's bankruptcy can be expunged, as the tenant actually filed a bankruptcy petition. A motion to expunge the bk would be appropriate
if the tenant impersonated the homeowner and filed a petition in the
homeowner's name. Is the tenant's bk appearing on the actual
homeowner's credit report saying somehow the home loan was impacted by the
tenant's bk? If so homeowner can contest the reference on the credit
report with the credit reporting agencies because tenant was not owner
of the property nor obligated on the loan. Homeowner might need
to wait until completion of the quiet title action to prove tenant committed
fraud though.
If the real homeowner needs to file a bk it is not a repeat filing as
it is an personum issue not in rem one (barring there being an in rem
order affecting the property in the tenant's dismissed bk), There
is no limitation on the normal term of the automatic stay. The
only automatic stay issues I can see is a lender filing a motion for
relief from stay alleging bad faith because of the alleged transfers,
but the tenant's fraud would be a clear defense to that.
The post was migrated from Yahoo.
Mark:
Tenant filed Chapter 7 in Tenant's name right? I don't see how the
tenant's bankruptcy can be expunged, as the tenant actually filed a bankruptcy
petition. A motion to expunge the bk would be appropriate if the tenant impersonated the homeowner and filed a petition in the homeowner's name. Is
the tenant's bk appearing on the actual homeowner's credit report saying
somehow the home loan was impacted by the tenant's bk? If so homeowner can
contest the reference on the credit report with the credit reporting agencies
because tenant was not owner of the property nor obligated on the loan. Homeowner might need to wait until completion of the quiet title action toprove tenant committed fraud though.
If the real homeowner needs to file a bk it is not a repeat filing as it is an personum issue not in rem one (barring there being an in rem order
affecting the property in the tenant's dismissed bk), There is no limitation
on the normal term of the automatic stay. The only automatic stay issues I
can see is a lender filing a motion for relief from stay alleging bad
faith because of the alleged transfers, but the tenant's fraud would be a clear
defense to that.
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 12/2/2015 2:42:43 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
I'm not sure this is "hijacking" in the sense that we've come to know it,but here are the facts:
Homeowner leases real property to Tenant.
Tenant fraudulently executes and somehow records a quitclaim deed puttingtitle into Tenant's name.
Tenant then files bankruptcy to stop a pending foreclosure. The case is
dismissed due to, I assume, failure to show up to the 341a meeting.
There is a pending quiet title action in state court and criminal chargesagainst the tenant, but my question is: Is there any way to "expunge" orremove the bankruptcy from the innocent debtor's records, both for purposes
of helping his credit report as well as the less problematic issue of
having to deal with automatic stay issues should he (the real homeowner) needs
to file a BK in the next year.
I recall somebody telling me they did this in a case (was it Shai?).
*************************
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 ofLegal 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 forthe use of the addressee only. If you are not the addressee, note that anydisclosure, copy, distribution or use of the contents of this message is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed bythe 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 partyany transaction or matter addressed in this communication.
Mark:
Tenant filed Chapter 7 in Tenant's name right? I don't see how the
tenant's bankruptcy can be expunged, as the tenant actually filed a bankruptcy
petition. A motion to expunge the bk would be appropriate if the tenant
impersonated the homeowner and filed a petition in the homeowner's name.
Is the tenant's bk appearing on the actual homeowner's credit report
saying somehow the home loan was impacted by the tenant's bk? If so
homeowner can contest the reference on the credit report with the credit
reporting agencies because tenant was not owner of the property nor obligated on
the loan. Homeowner might need to wait until completion of the quiet
title action to prove tenant committed fraud though.
If the real homeowner needs to file a bk it is not a repeat filing as it is
an personum issue not in rem one (barring there being an in rem orderaffecting the property in the tenant's dismissed bk), There is no
limitation on the normal term of the automatic stay. The only
automatic stay issues I can see is a lender filing a motion for relief from
stay alleging bad faith because of the alleged transfers, but the tenant's
fraud would be a clear defense to that.
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 12/2/2015 2:42:43 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
I'm not sure this is "hijacking" in the sense that we've come to know
it, but here are the facts:Homeowner leases real property to
Tenant.Tenant fraudulently executes and somehow records a quitclaim
deed putting title into Tenant's name.Tenant then files bankruptcy to
stop a pending foreclosure. The case is dismissed due to, I assume, failure to show up to the 341a meeting.There is a pending quiet title
action in state court and criminal charges against the tenant, but my question
is: Is there any way to "expunge" or remove the bankruptcy from the innocent debtor's records, both for purposes of helping his credit report as
well as the less problematic issue of having to deal with automatic stay issues should he (the real homeowner) needs to file a BK in the next
year.I recall somebody telling me they did this in a case (was it Shai?).
*************************Mark J. MarkusLaw Office of Mark
J. MarkusMailing Address Only:11684 Ventura Blvd. PMB
#403Studio 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
SpecializationThis 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.