.jpg)
Ch. 13: Case paid off early due to lack of claims
Mark, youre right about the embarrassing part.
I believe there is a case cited in Schlegel in which the debtor paid off the plan early in a lump sum, i.e. the percentage to creditors, but had to continue payments for the rest of the 36 months.
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Mar 2, 2015, at 11:30 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> Schlegel is an embarrassing (for debtor's attorney) set of facts. The attorney had multiple opportunities throughout the case to fix the resultant problem. He could have objected to the claim and/or he could have filed a motion to modify the plan to reduce the percentage. Instead they waited until the end of the case and then tried to do a hardship discharge, which was denied. I think it might be a stretch to conclude that the language "failure to pay the plan percentage results in dismissal" mandates the result that IF you pay the percentage early, you don't have to pay anything further regardless of the stated plan term.
>
> *************************
> 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.
> On 3/2/2015 11:16 AM, mitnicklaw@aol.com [cdcbaa] wrote:
>> Schlegel 2015 DJDAR 2217 (2/27/15) - Debtor's failure to pay percentage in plan despite completion of specified monthly payments is a material default that warrants dismissal. Case has interesting language regarding the possibility of extending beyond 60 months to do so. Case really turns on Debtor not objection to late-filed unsecured lender's claim that created the payment percentage issue.
>>
>> Law Office of Eric Alan Mitnick
>> 21515 Hawthorne Boulevard, Ste. 1080
>> Torrance, California 90503
>> (310) 792-5864; 792-5866 (fax)
>> MitnickLaw@aol.com
>>
>> Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
>>
>> The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
>>
>> ***NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL***
>>
>>
>> -----Original Message-----
>> To: cdcbaa
>> Sent: Mon, Mar 2, 2015 11:07 am
>> Subject: RE: [cdcbaa] Ch. 13: Case paid off early due to lack of claims
>>
>>
>> Eric:
>>
>> Do you have a name or cite to this new BAP opinion?
>>
>> Jim
>>
>> James R. Selth
>> Certified Bankruptcy Specialist*
>> Weintraub & Selth, APC
>> 11766 Wilshire Boulevard, Suite 1170
>> Los Angeles, California 90025
>> Telephone: (310) 207-1494
>> Facsimile: (310) 442-0660
>> E-Mail: jim@wsrlaw.net
>>
>> *Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
>>
>> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>>
>> Sent: Friday, February 27, 2015 6:40 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims
>>
>>
>> There is a BAP opinion in today's LADJ DAR that can be read to say that the Debtor's obligation is the percentage in the confirmed plan. Seems consistent.
>>
>> Sent from my iPhone
>>
>> On Feb 27, 2015, at 6:13 PM, 'Stella Havkin' havkinlaw@earthlink.net [cdcbaa] wrote:
>>
>> I had the same thing last year with Nancy.
>>
>> Sent: Friday, February 27, 2015 6:12 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims
>>
>>
>> Your client got lucky. Really lucky.
>>
>>
>> Law Office of Catherine Christiansen
>> Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
>>
>>
>>
>> On Friday, February 27, 2015 4:07 PM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
>>
>>
>> I wonder if that's a mandate from Nancy's judges (i.e. Zurzolo and Bason?) or a decision her office made.
>>
>> I also wonder if this is something we should be advocating for pre-confirmation with the other trustees/judges.
>> *************************
>> 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.
>>
>>
>> On 2/27/2015 3:42 PM, Jim Selth jim@wsrlaw.net [cdcbaa] wrote:
>> It is my understanding that Nancy Curry is the only Chapter 13 Trustee in the Central District who closes a case when the required percentage under the Plan has been paid. If that happens before the term of the Plan, then the debtor is lucky. I believe all the other Chapter 13 Trustees include language in the Plan confirmation order similar to the following:
>>
>> The percentage to the allowed non-priority unsecured creditors at the time of confirmation is 16.00%. This percentage may be modified if the allowed claims filed by the non-priority unsecured creditors is less than the amount provided for them in the plan and the plan pays less than 100% to allowed non-priority unsecured claims. The Trustee shall disburse said amount in payment of allowed unsecured claims up to payment of 100% thereof. No further notice or hearing is required for the Trustee to adjust the percentage to be paid to allowed non-priority unsecured claims.
>>
>> James R. Selth
>> Certified Bankruptcy Specialist*
>> Weintraub & Selth, APC
>> 11766 Wilshire Boulevard, Suite 1170
>> Los Angeles, California 90025
>> Telephone: (310) 207-1494
>> Facsimile: (310) 442-0660
>> E-Mail: jim@wsrlaw.net
>>
>> *Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
>>
>> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>>
>> Sent: Tuesday, February 24, 2015 4:52 PM
>> To: CDCBAA List Serve
>> Subject: Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims
>>
>>
>> Very strange indeed. Chapter 13 land always amazes me. In a vacuum I would have said the Debtor owes a duty to momod the Plan. They force people with $0.00 in disposable income go all 5 years but then allow people who have income an early discharge!?
>>
>>
>> Sincerely,
>>
>> Michael Avanesian, Esq.
>> AVANESIAN LAW FIRM
>> 101 N. Brand Blvd., PH 1920
>> Glendale, California 91203
>> Tel: 818.276.2477 Fax: 818.208.4550
>>
>> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
>> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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 herein.
>>
>> On Tue, Feb 24, 2015 at 4:16 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>>
>>
>>
>> -------- Forwarded Message --------
>> Subject:
>> Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims
>> Date:
>> Tue, 24 Feb 2015 16:08:48 -0800
>> From:
>> Mark Markus
>> To:
>> cdcbaa@yahoogroups.com
>>
>> Mine was also NC-VZ, Jason. I wonder if this is limited to that combination. It makes a difference when advising clients prior to filing a case for them, so if this is a global retreat from the prior modus operandi, I'd love to know.
>>
>>
>> On 2/24/2015 3:56 PM, Jason Wallach jwallach@gladstonemichel.com [cdcbaa] wrote:
>> I just finished aNC-VZ case in which it was paid off about 5 months early without any such motion. Be sure to file your second course certification and app for discharge promptly. Trustee will file final report at some point.
>> Jason
>>
>> Sent from my iPhone
>>
>> On Feb 24, 2015, at 1:04 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>>
>> A Ch. 13 client of mine, who is in a confirmed 14% plan, and still has about 10 months left in his 60 month plan, just received a refund check from the Trustee and the case is in process of being closed.
>>
>> Since some creditors did not file claims, he reached his 14% quicker.
>>
>> My experience in these cases has been that the Trustees will just file a motion to increase the percentage, and the debtor still has to complete the plan term.
>>
>> Has that policy changed, or did my guy just get lucky?
>>
>> *************************
>> 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.
>>
>>
>> --
>>
>> *************************
>> 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.
>>
>> --
>>
>> *************************
>> 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.
>>
>>
>>
>>
>>
>>
>
>
>
Mark, youre right about the embarrassing part. I believe there is a case cited in Schlegel in which the debtor paid off the plan early in a lump sum, i.e. the percentage to creditors, but had to continue payments for the rest of the 36 months. Jason
Jason Wallachjwallach@gladstonemichel.com
On Mar 2, 2015, at 11:30 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote: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.On 3/2/2015 11:16 AM, mitnicklaw@aol.com [cdcbaa] wrote:Schlegel 2015 DJDAR 2217 (2/27/15) - Debtor's failure to pay percentage in plan despite completion of specified monthly payments is a material default that warrants dismissal. Case has interesting language regarding the possibility of extending beyond 60 months to do so. Case really turns on Debtor not objection to late-filed unsecured lender's claim that created the payment percentage issue. Law Office of Eric Alan Mitnick21515 Hawthorne Boulevard, Ste. 1080Torrance, California 90503(310) 792-5864; 792-5866 (fax)MitnickLaw@aol.com Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use. The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.***NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL***-----Original Message-----Eric: Do you have a name or cite to this new BAP opinion? Jim James R. SelthCertified Bankruptcy Specialist*Weintraub & Selth, APC11766 Wilshire Boulevard, Suite 1170Los Angeles, California 90025Telephone: (310) 207-1494Facsimile: (310) 442-0660E-Mail: jim@wsrlaw.net *Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] Sent: Friday, February 27, 2015 6:40 PMTo: cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims There is a BAP opinion in today's LADJ DAR that can be read to say that the Debtor's obligation is the percentage in the confirmed plan. Seems consistent. Sent from my iPhoneOn Feb 27, 2015, at 6:13 PM, 'Stella Havkin' From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] Sent: Friday, February 27, 2015 6:12 PMTo: cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims Your client got lucky. Really lucky. Law Office of Catherine ChristiansenCertified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization. On Friday, February 27, 2015 4:07 PM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote: I wonder if that's a mandate from Nancy's judges (i.e. Zurzolo and Bason?) or a decision her office made.I also wonder if this is something we should be advocating for pre-confirmation with the other trustees/judges.*************************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.On 2/27/2015 3:42 PM, Jim Selth [cdcbaa] wrote:It is my understanding that Nancy Curry is the only Chapter 13 Trustee in the Central District who closes a case when the required percentage under the Plan has been paid. If that happens before the term of the Plan, then the debtor is lucky. I believe all the other Chapter 13 Trustees include language in the Plan confirmation order similar to the following: The percentage to the allowed non-priority unsecured creditors at the time of confirmation is 16.00%. This percentage may be modified if the allowed claims filed by the non-priority unsecured creditors is less than the amount provided for them in the plan and the plan pays less than 100% to allowed non-priority unsecured claims. The Trustee shall disburse said amount in payment of allowed unsecured claims up to payment of 100% thereof. No further notice or hearing is required for the Trustee to adjust the percentage to be paid to allowed non-priority unsecured claims. James R. SelthCertified Bankruptcy Specialist*Weintraub & Selth, APC11766 Wilshire Boulevard, Suite 1170Los Angeles, California 90025Telephone: (310) 207-1494Facsimile: (310) 442-0660E-Mail: *Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. Michael Avanesian, Esq. AVANESIAN LAW FIRM101 N. Brand Blvd., PH 1920Glendale, California 91203Tel: 818.276.2477 Fax: 818.208.4550
The post was migrated from Yahoo.
Mitnick is right about what the case turned on, but understating both all the things that debtor and counsel did wrong, and all the interesting issues the court addressed. Among others, declined to say that maximum term of plan is 60 months under 1322.
Copy attached.
Jason
JASON WALLACH, ESQ.
Gladstone Michel Weisberg Willner & Sloane, ALC
4551 Glencoe Avenue, Suite 300
Marina del Rey CA 90292-7925
Tel: (310) 821-9000
Direct: (310) 775-8725
Fax: (310) 775-8775
Email: jwallach@ gladstonemichel.com
www. gladstonemichel.com
On Mar 2, 2015, at 11:07 AM, Jim Selth jim@wsrlaw.net [cdcbaa] wrote:
>
> Eric:
>
>
>
> Do you have a name or cite to this new BAP opinion?
>
>
>
> Jim
>
>
>
> James R. Selth
> Certified Bankruptcy Specialist*
> Weintraub & Selth, APC
> 11766 Wilshire Boulevard, Suite 1170
> Los Angeles, California 90025
> Telephone: (310) 207-1494
> Facsimile: (310) 442-0660
> E-Mail: jim@wsrlaw.net
>
> *Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
>
>
> Sent: Friday, February 27, 2015 6:40 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims
>
>
>
>
>
> There is a BAP opinion in today's LADJ DAR that can be read to say that the Debtor's obligation is the percentage in the confirmed plan. Seems consistent.
>
> Sent from my iPhone
>
>
> On Feb 27, 2015, at 6:13 PM, 'Stella Havkin' havkinlaw@earthlink.net [cdcbaa] wrote:
>
>
>
> I had the same thing last year with Nancy.
>
>
>
> Sent: Friday, February 27, 2015 6:12 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims
>
>
>
>
>
> Your client got lucky. Really lucky.
>
>
>
>
>
> Law Office of Catherine Christiansen
> Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
>
>
>
>
>
>
>
> On Friday, February 27, 2015 4:07 PM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
>
>
>
>
>
> I wonder if that's a mandate from Nancy's judges (i.e. Zurzolo and Bason?) or a decision her office made.
>
> I also wonder if this is something we should be advocating for pre-confirmation with the other trustees/judges.
>
> *************************
> 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.
>
>
>
> On 2/27/2015 3:42 PM, Jim Selth jim@wsrlaw.net [cdcbaa] wrote:
>
> It is my understanding that Nancy Curry is the only Chapter 13 Trustee in the Central District who closes a case when the required percentage under the Plan has been paid. If that happens before the term of the Plan, then the debtor is lucky. I believe all the other Chapter 13 Trustees include language in the Plan confirmation order similar to the following:
>
>
>
> The percentage to the allowed non-priority unsecured creditors at the time of confirmation is 16.00%. This percentage may be modified if the allowed claims filed by the non-priority unsecured creditors is less than the amount provided for them in the plan and the plan pays less than 100% to allowed non-priority unsecured claims. The Trustee shall disburse said amount in payment of allowed unsecured claims up to payment of 100% thereof. No further notice or hearing is required for the Trustee to adjust the percentage to be paid to allowed non-priority unsecured claims.
>
>
>
> James R. Selth
> Certified Bankruptcy Specialist*
> Weintraub & Selth, APC
> 11766 Wilshire Boulevard, Suite 1170
> Los Angeles, California 90025
> Telephone: (310) 207-1494
> Facsimile: (310) 442-0660
> E-Mail: jim@wsrlaw.net
>
> *Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
>
>
> Sent: Tuesday, February 24, 2015 4:52 PM
> To: CDCBAA List Serve
> Subject: Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims
>
>
>
>
>
> Very strange indeed. Chapter 13 land always amazes me. In a vacuum I would have said the Debtor owes a duty to momod the Plan. They force people with $0.00 in disposable income go all 5 years but then allow people who have income an early discharge!?
>
>
>
>
>
> Sincerely,
>
>
>
> Michael Avanesian, Esq.
> AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
>
>
> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
>
> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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 herein.
>
>
>
> On Tue, Feb 24, 2015 at 4:16 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
>
>
>
>
>
> -------- Forwarded Message --------
>
> Subject:
>
> Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims
>
> Date:
>
> Tue, 24 Feb 2015 16:08:48 -0800
>
> From:
>
> Mark Markus
>
> To:
>
> cdcbaa@yahoogroups.com
>
>
>
> Mine was also NC-VZ, Jason. I wonder if this is limited to that combination. It makes a difference when advising clients prior to filing a case for them, so if this is a global retreat from the prior modus operandi, I'd love to know.
>
>
> On 2/24/2015 3:56 PM, Jason Wallach jwallach@gladstonemichel.com [cdcbaa] wrote:
>
> I just finished aNC-VZ case in which it was paid off about 5 months early without any such motion. Be sure to file your second course certification and app for discharge promptly. Trustee will file final report at some point.
>
> Jason
>
> Sent from my iPhone
>
>
> On Feb 24, 2015, at 1:04 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
>
>
> A Ch. 13 client of mine, who is in a confirmed 14% plan, and still has about 10 months left in his 60 month plan, just received a refund check from the Trustee and the case is in process of being closed.
>
> Since some creditors did not file claims, he reached his 14% quicker.
>
> My experience in these cases has been that the Trustees will just file a motion to increase the percentage, and the debtor still has to complete the plan term.
>
> Has that policy changed, or did my guy just get lucky?
>
>
> *************************
> 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.
>
>
>
>
>
> --
>
> *************************
> 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.
>
>
>
> --
>
> *************************
> 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.
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
charset-ascii
Mitnick is right about what the case turned on, but understating both all the things that debtor and counsel did wrong, and all the interesting issues the court addressed. Among others, declined to say that maximum term of plan is 60 months under 1322.Copy attached.Jason
-- JASON WALLACH, ESQ.Gladstone Michel Weisberg Willner & Sloane, ALC4551 Glencoe Avenue, Suite 300Marina del Rey CA 90292-7925Tel: (310) 821-9000Direct: (310) 775-8725Fax: (310) 775-8775Email: jwallach@ gladstonemichel.comwww. gladstonemichel.com
filename="BAP Schlegel-14-1132.pdf"
x-mac-type444620;
x-mac-creator41524F;
x-unix-mode44;
name="BAP Schlegel-14-1132.pdf"
On Mar 2, 2015, at 11:07 AM, Jim Selth jim@wsrlaw.net [cdcbaa] <cdcbaa@yahoogroups.com> wrote:Eric: Los Angeles, California 90025Telephone: (310) 207-1494Facsimile: (310) 442-0660E-Mail: jim@wsrlaw.net *Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: [mailto:cdcbaa@yahoogroups.com] Sent: Friday, February 27, 2015 6:40 PMTo: cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims There is a BAP opinion in today's LADJ DAR that can be read to say that the Debtor's obligation is the percentage in the confirmed plan. Seems consistent. Sent from my iPhoneOn Feb 27, 2015, at 6:13 PM, 'Stella Havkin' havkinlaw@earthlink.net [cdcbaa] <cdcbaa@yahoogroups.com> wrote: I had the same thing last year with Nancy.Your client got lucky. Really lucky. Law Office of Catherine ChristiansenCertified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization. On Friday, February 27, 2015 4:07 PM, "'Mark J. Markus' It is my understanding that Nancy Curry is the only Chapter 13 Trustee in the Central District who closes a case when the required percentage under the Plan has been paid. If that happens before the term of the Plan, then the debtor is lucky. I believe all the other Chapter 13 Trustees include language in the Plan confirmation order similar to the following: The percentage to the allowed non-priority unsecured creditors at the time of confirmation is 16.00%. This percentage may be modified if the allowed claims filed by the non-priority unsecured creditors is less than the amount provided for them in the plan and the plan pays less than 100% to allowed non-priority unsecured claims. The Trustee shall disburse said amount in payment of allowed unsecured claims up to payment of 100% thereof. No further notice or hearing is required for the Trustee to adjust the percentage to be paid to allowed non-priority unsecured claims. James R. Selthcdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] Sent: Tuesday, February 24, 2015 4:52 PMTo: CDCBAA List ServeSubject: Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims Very strange indeed. Chapter 13 land always amazes me. In a vacuum I would have said the Debtor owes a duty to momod the Plan. They force people with $0.00 in disposable income go all 5 years but then allow people who have income an early discharge!? Date:Tue, 24 Feb 2015 16:08:48 -0800From:To:I just finished aNC-VZ case in which it was paid off about 5 months early without any such motion. Be sure to file your second course certification and app for discharge promptly. Trustee will file final report at some point. JasonSent from my iPhoneOn Feb 24, 2015, at 1:04 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote: A Ch. 13 client of mine, who is in a confirmed 14% plan, and still has about 10 months left in his 60 month plan, just received a refund check from the Trustee and the case is in process of being closed.Since some creditors did not file claims, he reached his 14% quicker.My experience in these cases has been that the Trustees will just file a motion to increase the percentage, and the debtor still has to complete the plan term.Has that policy changed, or did my guy just get lucky?*************************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________________________________________________ht: 1.22em;">*************************Mark J. MarkusLaw Office of Mark J. MarkusMailing Address Only:11684 Ventura Blvd. PMB #403Studio City, CA 91604-2652
The post was migrated from Yahoo.
Schlegel 2015 DJDAR 2217 (2/27/15) - Debtor's failure to pay percentage in plan despite completion of specified monthly payments is a material default that warrants dismissal. Case has interesting language regarding the possibility of extending beyond 60 months to do so. Case really turns on Debtor not objection to late-filed unsecured lender's claim that created the payment percentage issue.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
***NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL***
To: cdcbaa
Sent: Mon, Mar 2, 2015 11:07 am
Subject: RE: [cdcbaa] Ch. 13: Case paid off early due to lack of claims
Eric:
Do you have a name or cite to this new BAP opinion?
Jim
James R. Selth
Certified Bankruptcy Specialist*
Weintraub & Selth, APC
11766 Wilshire Boulevard, Suite 1170
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
*Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
The post was migrated from Yahoo.
There is a BAP opinion in today's LADJ DAR that can be read to say that the Debtor's obligation is the percentage in the confirmed plan. Seems consistent.
Sent from my iPhone
> On Feb 27, 2015, at 6:13 PM, 'Stella Havkin' havkinlaw@earthlink.net [cdcbaa] wrote:
>
> I had the same thing last year with Nancy.
>
>
>
> Sent: Friday, February 27, 2015 6:12 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims
>
>
>
>
>
> Your client got lucky. Really lucky.
>
>
>
>
>
> Law Office of Catherine Christiansen
> Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
>
>
>
>
>
>
>
> On Friday, February 27, 2015 4:07 PM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
>
>
>
>
>
> I wonder if that's a mandate from Nancy's judges (i.e. Zurzolo and Bason?) or a decision her office made.
>
> I also wonder if this is something we should be advocating for pre-confirmation with the other trustees/judges.
>
> *************************
> 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.
>
>
>
> On 2/27/2015 3:42 PM, Jim Selth jim@wsrlaw.net [cdcbaa] wrote:
>
> It is my understanding that Nancy Curry is the only Chapter 13 Trustee in the Central District who closes a case when the required percentage under the Plan has been paid. If that happens before the term of the Plan, then the debtor is lucky. I believe all the other Chapter 13 Trustees include language in the Plan confirmation order similar to the following:
>
>
>
> The percentage to the allowed non-priority unsecured creditors at the time of confirmation is 16.00%. This percentage may be modified if the allowed claims filed by the non-priority unsecured creditors is less than the amount provided for them in the plan and the plan pays less than 100% to allowed non-priority unsecured claims. The Trustee shall disburse said amount in payment of allowed unsecured claims up to payment of 100% thereof. No further notice or hearing is required for the Trustee to adjust the percentage to be paid to allowed non-priority unsecured claims.
>
>
>
> James R. Selth
> Certified Bankruptcy Specialist*
> Weintraub & Selth, APC
> 11766 Wilshire Boulevard, Suite 1170
> Los Angeles, California 90025
> Telephone: (310) 207-1494
> Facsimile: (310) 442-0660
> E-Mail: jim@wsrlaw.net
>
> *Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
>
>
> Sent: Tuesday, February 24, 2015 4:52 PM
> To: CDCBAA List Serve
> Subject: Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims
>
>
>
>
>
> Very strange indeed. Chapter 13 land always amazes me. In a vacuum I would have said the Debtor owes a duty to momod the Plan. They force people with $0.00 in disposable income go all 5 years but then allow people who have income an early discharge!?
>
>
>
>
>
> Sincerely,
>
>
>
> Michael Avanesian, Esq.
> AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
>
>
> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
>
> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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 herein.
>
>
>
> On Tue, Feb 24, 2015 at 4:16 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
>
>
>
>
>
> -------- Forwarded Message --------
>
> Subject:
>
> Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims
>
> Date:
>
> Tue, 24 Feb 2015 16:08:48 -0800
>
> From:
>
> Mark Markus
>
> To:
>
> cdcbaa@yahoogroups.com
>
>
>
> Mine was also NC-VZ, Jason. I wonder if this is limited to that combination. It makes a difference when advising clients prior to filing a case for them, so if this is a global retreat from the prior modus operandi, I'd love to know.
>
>
> On 2/24/2015 3:56 PM, Jason Wallach jwallach@gladstonemichel.com [cdcbaa] wrote:
>
> I just finished aNC-VZ case in which it was paid off about 5 months early without any such motion. Be sure to file your second course certification and app for discharge promptly. Trustee will file final report at some point.
>
> Jason
>
> Sent from my iPhone
>
>
> On Feb 24, 2015, at 1:04 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
>
>
> A Ch. 13 client of mine, who is in a confirmed 14% plan, and still has about 10 months left in his 60 month plan, just received a refund check from the Trustee and the case is in process of being closed.
>
> Since some creditors did not file claims, he reached his 14% quicker.
>
> My experience in these cases has been that the Trustees will just file a motion to increase the percentage, and the debtor still has to complete the plan term.
>
> Has that policy changed, or did my guy just get lucky?
>
>
> *************************
> 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.
>
>
>
>
>
> --
>
> *************************
> 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.
>
>
>
> --
>
> *************************
> 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.
>
>
>
>
>
>
>
>
>
>
>
>
>
I had the same thing last year with Nancy.
The post was migrated from Yahoo.
Your client got lucky. Really lucky.
Law Office of Catherine Christiansen
Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
On Friday, February 27, 2015 4:07 PM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
I wonder if that's a mandate from Nancy's judges (i.e. Zurzolo and Bason?) or a decision her office made.
I also wonder if this is something we should be advocating for pre-confirmation with the other trustees/judges.
*************************
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.
On 2/27/2015 3:42 PM, Jim Selth jim@wsrlaw.net [cdcbaa] wrote:
It is my understanding that Nancy Curry is the only Chapter 13 Trustee in the Central District who closes a case when the required percentage under the Plan has been paid. If that happens before the term of the Plan, then the debtor is lucky. I believe all the other Chapter 13 Trustees include language in the Plan confirmation order similar to the following: The percentage to the allowed non-priority unsecured creditors at the time of confirmation is 16.00%. This percentage may be modified if the allowed claims filed by the non-priority unsecured creditors is less than the amount provided for them in the plan and the plan pays less than 100% to allowed non-priority unsecured claims. The Trustee shall disburse said amount in payment of allowed unsecured claims up to payment of 100% thereof. No further notice or hearing is required for the Trustee to adjust the percentage to be paid to allowed non-priority unsecured claims. James R. Selth
Certified Bankruptcy Specialist*
Weintraub & Selth, APC
11766 Wilshire Boulevard, Suite 1170
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
*Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOURroups.com]
Sent: Tuesday, February 24, 2015 4:52 PM
To: CDCBAA List Serve
Subject: Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims Very strange indeed. Chapter 13 land always amazes me. In a vacuum I would have said the Debtor owes a duty to momod the Plan. They force people with $0.00 in disposable income go all 5 years but then allow people who have income an early discharge!?
Sincerely, Michael Avanesian, Esq.
AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550 Confidentiality:ileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory. IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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 herein. On Tue, Feb 24, 2015 at 4:16 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
-------- Forwarded Message --------
| Subject: | Re: [cdcbaa] Ch. 13: Case paid off early due to lack of claims |
| Date: | Tue, 24 Feb 2015 16:08:48 -0800 |
| To: | cdcbaa@yahoogroups.com |
Mine was also NC-VZ, Jason. I wonder if this is limited to that combination. It makes a difference when advising clients prior to filing a case for them, so if this is a global retreat from the prior modus operandi, I'd love to know.
On 2/24/2015 3:56 PM, Jason Wallach jwallach@gladstonemichel.com [cdcbaa] wrote:
I just finished aNC-VZ case in which it was paid off about 5 months early without any such motion. Be sure to file your second course certification and app for discharge promptly. Trustee will file final report at some point. Jason
Sent from my iPhone
On Feb 24, 2015, at 1:04 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
A Ch. 13 client of mine, who is in a confirmed 14% plan, and still has about 10 months left in his 60 month plan, just received a refund check from the Trustee and the case is in process of being closed.
Since some creditors did not file claims, he reached his 14% quicker.
My experience in these cases has been that the Trustees will just file a motion to increase the percentage, and the debtor still has to complete the plan term.
Has that policy changed, or did my guy just get lucky?
*************************
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. --
*************************
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. -- *************************
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.
Very strange indeed. Chapter 13 land always amazes me. In a vacuum I would
have said the Debtor owes a duty to momod the Plan. They force people with
$0.00 in disposable income go all 5 years but then allow people who have
income an early discharge!?
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
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 herein.
On Tue, Feb 24, 2015 at 4:16 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa]
wrote:
>
>
>
>
> -------- Forwarded Message -------- Subject: Re: [cdcbaa] Ch. 13: Case
> paid off early due to lack of claims Date: Tue, 24 Feb 2015 16:08:48
o:
> cdcbaa@yahoogroups.com
>
> Mine was also NC-VZ, Jason. I wonder if this is limited to that
> combination. It makes a difference when advising clients prior to filing a
> case for them, so if this is a global retreat from the prior modus
> operandi, I'd love to know.
>
>
> On 2/24/2015 3:56 PM, Jason Wallach jwallach@gladstonemichel.com [cdcbaa]
> wrote:
>
> I just finished aNC-VZ case in which it was paid off about 5 months early
> without any such motion. Be sure to file your second course certification
> and app for discharge promptly. Trustee will file final report at some
> point.
> Jason
>
> Sent from my iPhone
>
> On Feb 24, 2015, at 1:04 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
>
> A Ch. 13 client of mine, who is in a confirmed 14% plan, and still has
> about 10 months left in his 60 month plan, just received a refund check
> from the Trustee and the case is in process of being closed.
>
> Since some creditors did not file claims, he reached his 14% quicker.
>
> My experience in these cases has been that the Trustees will just file a
> motion to increase the percentage, and the debtor still has to complete the
> plan term.
>
> Has that policy changed, or did my guy just get lucky?
>
>
>
> *************************
> 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.
>
>
>
> --
>
> *************************
> 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.
>
> --
>
> *************************
> 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.
>
>
>
>
Very strange indeed. Chapter 13 land always amazes me. In a vacuum I would have said the Debtor owes a duty to momod the Plan. They force people with $0.00 in disposable income go all 5 years but then allow people who have income an early discharge!?Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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 herein.
On Tue, Feb 24, 2015 at 4:16 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] <
-------- Forwarded Message --------
Subject:
Re: [cdcbaa] Ch. 13: Case paid off early due to lack of
claims
Date:
Tue, 24 Feb 2015 16:08:48 -0800
Mark Markus
The post was migrated from Yahoo.