Central District Consumer Bankruptcy Attorney's Association

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You're right. Section 521 used to say "consumer". I just looked at my
black line edition & the work consumer is crossed out.
Nonetheless, I typically just list all secured consumer debt in the Stmt
of Intentions.
Also, unless I'm mistaken, 521(a)(2) is not limited to personal property
(even pre-BAPCPA).
Raj T. Wadhwani
Wadhwani Law Firm, APLC
15233 Ventura Blvd., Suite 1120
Sherman Oaks, CA 91403
Phone: (818) 784-0500
Fax: (818) 784-0508
raj@wadhwanilaw.com
________________________________

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Where in 521(a)(2) (or elsewhere) does it limit this to consumer debts?
______________________
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/
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 (or in any attachment).
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Friday, December 21, 2007 9:15 AM
Subject: Re: [cdcbaa] listing debts secured by RP on Stmt. of Intention
I do not list them because they are not "consumer debts secured by personal property of the estate" if non-residential real property. If residential real property then CA anti-deficiency statute renders listing purchase money loan meaningless. For non-purchase money loan (equity or refinance loan) secured by residence debtor is not required to reaffirm the debt. However, I do indicate on Schedule A and D the debtor's intent to surrender the property to the creditor or to retain.
Peter
Mark JM wrote:
This is more a matter of form over substance, but do any of you list debts secured by real property on the statement of intentions form? I think technically we're supposed to, although in practice I suspect few of us do because none of the stated options really applies--in California anyway.
______________________
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/
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 (or in any attachment).
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#ygrp-mkp {

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I do not list them because they are not "consumer debts secured by personal property of the estate" if non-residential real property. If residential real property then CA anti-deficiency statute renders listing purchase money loan meaningless. For non-purchase money loan (equity or refinance loan) secured by residence debtor is not required to reaffirm the debt. However, I do indicate on Schedule A and D the debtor's intent to surrender the property to the creditor or to retain.
Peter
Mark JM wrote:
This is more a matter of form over substance, but do any of you list debts secured by real property on the statement of intentions form? I think technically we're supposed to, although in practice I suspect few of us do because none of the stated options really applies--in California anyway.

______________________
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/
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 (or in any attachment).
Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now.
I do not list them because they are not "consumer debts secured by personal property of the estate" if non-residential real property. If residential real property then CA anti-deficiency statute renders listing purchase money loan meaningless. For non-purchase money loan (equity or refinance loan) secured by residence debtor is not required to reaffirm the debt. However, I do indicate on Schedule A and D the debtor's intent to surrender the property to the creditor or to retain. PeterMark JM <bklawr@yahoo.com> wrote: This is more a matter of form over substance, but do any of you list debts secured by real property on the statement of intentions form? I think technically we're supposed to, although in practice I suspect few of us do because none of the stated options really applies--in California anyway. ______________________Mark J. MarkusLaw Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA 91604-2652(818)509-1173 (818)509-1460 (fax)web: http://www.bklaw.com/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 (or in any attachment).
Be a better friend, newshound, and
know-it-all with Yahoo! Mobile. Try it now.

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Bingo....and that's why I raised the question in the first place.
Technically, however, we are "supposed" to list them.
______________________
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/
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 (or
in any attachment).
To:
Sent: Thursday, December 20, 2007 10:26 PM
Subject: [cdcbaa] Re: listing debts secured by RP on Stmt. of Intention
>I don't, because under California law the lender is not entitled to a
> deficiency judgment, as well, under California law there can be no
> waiver of the security first statute or anti-deficiency statute. It
> is arguable that by completing the statement of intention your client
> may be compromise their rights under California law, because in
> response to the statement of intention a lender may require a
> reaffirmation agreement. In that case, if push came to shove, I would
> have the lender get an order from the court on a reaffirmation
> agreement, which would be a personal judgment. Immediately,
> thereafter, I would file a complete to quiet title, alleging that the
> lender has chosen a personal judgment over the collateral, and
> therefore, the collateral should be freed, as a matter of California
> law, of the deed(s) of trust. Take a look at the case of In re Pajaro
> Dunes (BAP and 9th Circuit decisions). You can arguably file a
> chapter 13 thereafter and pay only as much of the reaffirmed debt as
> there is disposable income to do so.
>
> --- In cdcbaa@yahoogroups.com, "James R. Selth" wrote:
>>
>> I do because EZ Filing includes them automatically on the Statement
> of Intentions if listed on Schedule D. If the Debtor is surrendering
> the property I say so, if not, I use the old (and still viable??)
> "retain and pay".
>>
>> James R. Selth
>> Weintraub & Selth, APC
>> 12424 Wilshire Blvd., Suite 1120
>> Los Angeles, CA 90025
>> Telephone: (310) 207-1494
>> Facsimile: (310) 442-0660
>> E-Mail: jim@...
>>
>> 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,
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> PLEASE NOTIFY
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>> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>>
>>
>> --- Original Message---
>> To:
>> Sent: 12/20/2007 10:47AM
>> Subject: [cdcbaa] listing debts secured by RP on Stmt. of Intention
>>
>> >> This is more a matter of form over substance, but do any of you
> list debts secured by
>> >> real property on the statement of intentions form? I think
> technically we're supposed
>> >> to, although in practice I suspect few of us do because none of
> the stated options
>> >> really applies--in California anyway.
>> >>
>> >> ______________________
>> >> 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/
>> >> 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 (or in any attachment).
>> >>
>>
>
>
>
>
>
> Yahoo! Groups Links
>
>
>

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I don't, because under California law the lender is not entitled to a
deficiency judgment, as well, under California law there can be no
waiver of the security first statute or anti-deficiency statute. It
is arguable that by completing the statement of intention your client
may be compromise their rights under California law, because in
response to the statement of intention a lender may require a
reaffirmation agreement. In that case, if push came to shove, I would
have the lender get an order from the court on a reaffirmation
agreement, which would be a personal judgment. Immediately,
thereafter, I would file a complete to quiet title, alleging that the
lender has chosen a personal judgment over the collateral, and
therefore, the collateral should be freed, as a matter of California
law, of the deed(s) of trust. Take a look at the case of In re Pajaro
Dunes (BAP and 9th Circuit decisions). You can arguably file a
chapter 13 thereafter and pay only as much of the reaffirmed debt as
there is disposable income to do so.
>
> I do because EZ Filing includes them automatically on the Statement
of Intentions if listed on Schedule D. If the Debtor is surrendering
the property I say so, if not, I use the old (and still viable??)
"retain and pay".
>
> James R. Selth
> Weintraub & Selth, APC
> 12424 Wilshire Blvd., Suite 1120
> Los Angeles, CA 90025
> Telephone: (310) 207-1494
> Facsimile: (310) 442-0660
> E-Mail: jim@...
>
> 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.
>
>
> --- Original Message---
> To:
> Sent: 12/20/2007 10:47AM
> Subject: [cdcbaa] listing debts secured by RP on Stmt. of Intention
>
> >> This is more a matter of form over substance, but do any of you
list debts secured by
> >> real property on the statement of intentions form? I think
technically we're supposed
> >> to, although in practice I suspect few of us do because none of
the stated options
> >> really applies--in California anyway.
> >>
> >> ______________________
> >> 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/
> >> 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 (or in any attachment).
> >>
>

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X-eGroups-Edited-By: easky1
We list them in every case

Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644

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Oh, great question!
I just realized I only do if the client is surrendering but not otherwise.
I don't think it has caused any problems yet for my clients but then I am
NOT a high-volume filer by any stretch of the imagination, so it may just be
a matter of time and I should change my practice.
On Dec 20, 2007 10:47 AM, Mark JM wrote:
> This is more a matter of form over substance, but do any of you list
> debts secured by real property on the statement of intentions form? I
> think technically we're supposed to, although in practice I suspect few of
> us do because none of the stated options really applies--in California
> anyway.
>
> ______________________
> 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/
> 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 (or
> in any attachment).
>
>
NEW ADDRESS!
Amy E. C. Kleinpeter
Law Offices of Amy E. Clark Kleinpeter
1489 E. Colorado Boulevard #206
Pasadena, CA 91106
www.amykleinpeter.com
I am required to disclose that The Law Offices of Amy E. Clark Kleinpeter is
a
Debt Relief Agency as defined by the United States Bankruptcy Act of 2005.
I
am a lawyer who proudly represents debtors in bankruptcy cases.
Oh, great question! I just realized I only do if the client is surrendering but not otherwise. I don't think it has caused any problems yet for my clients but then I am NOT a high-volume filer by any stretch of the imagination, so it may just be a matter of time and I should change my practice.
-- Amy KlenpeterOn Dec 20, 2007 10:47 AM, Mark JM <bklawr@yahoo.com> wrote:
This is more a matter of form over substance, but
do any of you list debts secured by real property on the statement of intentions
form? I think technically we're supposed to, although in practice I
suspect few of us do because none of the stated options really applies--in
California anyway.

______________________Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA
91604-2652(818)509-1173 (818)509-1460 (fax)web: http://www.bklaw.com/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 (or in any
attachment).
-- NEW ADDRESS!Amy E. C. KleinpeterLaw Offices of Amy E. Clark Kleinpeter1489 E. Colorado Boulevard #206Pasadena, CA 91106
www.amykleinpeter.comI am required to disclose that The Law Offices of Amy E. Clark Kleinpeter is aDebt Relief Agency as defined by the United States Bankruptcy Act of 2005. Iam a lawyer who proudly represents debtors in bankruptcy cases.

The post was migrated from Yahoo.

Yes, I do. In many cases now with mortgage lenders (who I have been filing
recently), I list either retain or surrender (which many are doing - where
it is appropriate).
Hank
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
We are a federally designated Debt Relief Agency under the United States
Bankruptcy Laws. We assist people with finding solutions to their debt
problems, including, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
This does not constitute an electronic signature.
This message contains confiidential information which may also be
privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
-----Original Message-----
Mark JM
Sent: Thursday, December 20, 2007 10:48
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] listing debts secured by RP on Stmt. of Intention
This is more a matter of form over substance, but do any of you list debts
secured by real property on the statement of intentions form? I think
technically we're supposed to, although in practice I suspect few of us do
because none of the stated options really applies--in California anyway.
______________________
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/
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 (or
in any attachment).
Yes, I
do. In many cases now with mortgage lenders (who I have been filing
recently), I list either retain or surrender (which many are doing - where it is
appropriate).

Hank

Henry M. Toles, J.D., M.B.A.Henry M. Toles, A Law
Corporation11746 Goshen Avenue, No. 1Los Angeles, California
90049-6113Telephone: (310) 479-1400Facsimile: (310) 575-0343E-Mail:
hmt@toles.orgMember National Association of Consumer Bankruptcy
Attorneys (NACBA)We are a federally designated Debt Relief Agency under
the United StatesBankruptcy Laws. We assist people with finding solutions to
their debtproblems, including, where appropriate, assisting them with the
filingof petitions for relief under the United States Bankruptcy
Code.This does not constitute an electronic signature.Thismessage contains confiidential information which may also be privileged. Unless
you are the intended recipient (or authorized to receive for the intended
recipient) you may not copy, use or distribute the information contained in this
message.
-----Original Message-----From: cdcbaa@yahoogroups.com
[mailto:cdcbaa@yahoogroups.com]On Behalf Of Mark JMSent:
Thursday, December 20, 2007 10:48To:
cdcbaa@yahoogroups.comSubject: [cdcbaa] listing debts secured by RP
on Stmt. of Intention
This is more a matter of form over substance, but
do any of you list debts secured by real property on the statement of
intentions form? I think technically we're supposed to, although
in practice I suspect few of us do because none of the stated options
really applies--in California anyway.

______________________Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA
91604-2652(818)509-1173 (818)509-1460 (fax)web: http://www.bklaw.com/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 (or in any
attachment).

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charset-ascii
Yes, I always do. However, I think you're technically only supposed to
list RP loans which are considered "consumer debt" i.e., residence,
vacation, etc. But I always also include investment/rental properties.
Raj T. Wadhwani
Wadhwani Law Firm, APLC
15233 Ventura Blvd., Suite 1120
Sherman Oaks, CA 91403
Phone: (818) 784-0500
Fax: (818) 784-0508
raj@wadhwanilaw.com
________________________________

The post was migrated from Yahoo.

I do because EZ Filing includes them automatically on the Statement of Intentions if listed on Schedule D. If the Debtor is surrendering the property I say so, if not, I use the old (and still viable??) "retain and pay".
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
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.
To:
Sent: 12/20/2007 10:47AM
Subject: [cdcbaa] listing debts secured by RP on Stmt. of Intention
>> This is more a matter of form over substance, but do any of you list debts secured by
>> real property on the statement of intentions form? I think technically we're supposed
>> to, although in practice I suspect few of us do because none of the stated options
>> really applies--in California anyway.
>>
>> ______________________
>> 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/
>> 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 (or in any attachment).
>>
I do because EZ Filing includes them automatically on the Statement of Intentions if listed on Schedule D. If the Debtor is surrendering the property I say so, if not, I use the old (and still viable??) "retain and pay".

James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net

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,
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--- Original Message---
To:
Sent: 12/20/2007 10:47AM
Subject: [cdcbaa] listing debts secured by RP on Stmt. of Intention

>> This is more a matter of form over substance, but do any of you list debts secured by
>> real property on the statement of intentions form? I think technically we're supposed
>> to, although in practice I suspect few of us do because none of the stated options
>> really applies--in California anyway.
>>
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>> 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/
>> This Firm is a Qualified Federal Debt Relief Agency
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The post was migrated from Yahoo.