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Objections to form disclosure statement for individual Ch=
Michael:
Each Judge is king of their own courtroom. Unless you get the judge to deny approval of a ds and get authority for an interlocutory appeal, the judge won't have to change his/her opinion.
I would just duplicate the pages in the plan covering secured debt and insert them into the disclosure statement. The older forms all have each of the class treatments in the ds and in the plan. It was my idea to put the secured creditors treatments only in the plan, so I'm sorry you are having this trouble, but most of the judges are not having any trouble with the forms.
I'm not sure if the secured creditor was objecting to the form when asking for 1111b info. When I think a creditor may want to make an 1111b election I add a box to the form and describe the 1111b treatment in the box (there is room on the right side of class 5).
dennis
________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, August 3, 2012 7:24 AM
Subject: [cdcbaa] Objections to form disclosure statement for individual Chapter 11s
In this past week, Ive received two weird objections to the form disclosure statement for individuals.
The first was by a secured creditor where it felt that the disclosure statement was not adequate because it did not provide 1111(b) election information. Is it common to receive objections to the forms? I already responded partly on the basis that these are court approved disclosures but I didn?
The second objection was in the judges tentative in a different case. In Part B of the form disclosure statement it says:
B. Secured Creditors (Classes 2, 3, 4 and 5)
See Article II of the Plan.
The judge said that it is impermissible for the disclosure statement to refer to the plan! I am going to change the form to say See Addendum. The judge is basically objecting to the court approved disclosure statement. Any advice on how to couch this when speaking to the him? Thanks for any advice in advance.
Sincerely,
Michael Avanesian Esq.
michael@avanesianlaw.com
818-817-1725
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