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Serving LA Housing Dept. per FRBP 7004
042913
Dear Group:
A hardship discharge in Chapter 13 is same scope as a Chapter 7 discharge.
CD CA form Order is ambiguous in its wording, where it says "Chapter 13
discharge", but I think the Court intended "Chapter 13 discharge" to mean
"full Ch 13 discharge", NOT "hardship discharge of same scope as ch 7
discharge", since we all know you can't lien strip in Chapter 7. Therefore,
my firm's best guess would be that if debtor does NOT complete ch 13 plan,
and instead gets a "hardship" discharge, that the lienstrip UNDOES. That's
what my firm warns my firm's clients; because that's what my firm thinks the
law is. Also, my firm warns clients that attempt to lienstrip in a ch 13
where debtor not eligible to receive ch 13 discharge may also not work,
because appellate case law may in future nix doing that. A client that is
warned is a client who has more trouble later claiming you didn't fully
inform client of the risks.
KPMarch
Kathleen P. March, Esq.
The Bankruptcy Law Firm, PC
10524 W. Pico Blvd, Suite 212
Los Angeles, CA 90064
Phone: 310-559-9224
Fax: 310-559-9133
E-mail: kmarch@BKYLAWFIRM.com
Website: www.BKYLAWFIRM.com
"Have a former bankruptcy judge for your personal bankruptcy attorney"
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Re: Serving LA Housing Dept. per FRBP 7004
042913
Dear Group:
A hardship discharge in Chapter 13 is same scope as a Chapter 7 discharge. CD CA form Order is ambiguous in its wording, where it says "Chapter 13 discharge", but I think the Court intended "Chapter 13 discharge" to mean "full Ch 13 discharge", NOT "hardship discharge of same scope as ch 7 discharge", since we all know you can't lien strip in Chapter 7. Therefore, my firm's best guess would be that if debtor does NOT complete ch 13 plan, and instead gets a "hardship" discharge, that the lienstrip UNDOES. That's what my firm warns my firm's clientsecause that's what my firm thinks the law is. Also, my firm warns clients that attempt to lienstrip in a ch 13 where debtor not eligible to receive ch 13 discharge may also not work, because appellate case law may in future nix doing that. A client that is warned is a client who has more trouble later claiming you didn't fully inform client of the risks.
KPMarch
Kathleen P. March, Esq.
The post was migrated from Yahoo.
Since FRBP refers to state law, I would check California Code of Civil Procedure 416.50, which says: "(a) A summons may be served on a public entity by delivering a copy of the summons and of the complaint to the clerk, secretary, president, presiding officer, or other head of its governing body."
Herb Wesson is President of the City Council, which is the governing body of the City of LA. Here are the addresses listed on his official website:
CITY HALL OFFICE
200 North Spring Street, Room 430
Los Angeles, CA 90012
DISTRICT OFFICE
1819 S. Western Avenue
Los Angeles, CA 90006
>
> I would the city attorneys office.
>
> Jonathan D. Leventhal, Esq.
> Leventhal Law Group, P. C.
> 818.347.5800
>
>
> ----- Original Message -----
> To: "cdcbaa@yahoogroups.com"
> Sent: 04/28/2013 4:33 PM
> Subject: [cdcbaa] Serving LA Housing Dept. per FRBP 7004
>
>
>
>
>
>
>
> Next week I'm probably going to have to serve a Lien Strip motion on, among others, the following secured lienholder:
>
> Los Angeles Housing Department (titled as City of Los Angeles, A Municipal Corporation).
>
> FRBP 7004(b)(6) would apply to this and it says I have to serve on the person or office upon whom process is prescribed to be served by the law of the state in which service is made, or its CEO.
>
> I checked the Sec. of State website, and there was nothing there. For fun, I checked FDIC, and nothing there either. Does anyone know who the proper party/address is to serve for the City of Los Angeles?
>
> Thanks,
> Mark
> --
>
> ******************************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (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 (see what this means at http://www.bklaw.com/bankruptcy-blog/20 ... efinition/)
> ________________________________________________
> 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.
I would the city attorneys office.
Jonathan D. Leventhal, Esq.
Leventhal Law Group, P. C.
818.347.5800
To: "cdcbaa@yahoogroups.com"
Sent: 04/28/2013 4:33 PM
Subject: [cdcbaa] Serving LA Housing Dept. per FRBP 7004
Next week I'm probably going to have to serve a Lien Strip motion on, among others, the following secured lienholder:
Los Angeles Housing Department (titled as City of Los Angeles, A Municipal Corporation).
FRBP 7004(b)(6) would apply to this and it says I have to serve on the person or office upon whom process is prescribed to be served by the law of the state in which service is made, or its CEO.
I checked the Sec. of State website, and there was nothing there. For fun, I checked FDIC, and nothing there either. Does anyone know who the proper party/address is to serve for the City of Los Angeles?
Thanks,
Mark
******************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (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 (see what this means at
The post was migrated from Yahoo.