Central District Consumer Bankruptcy Attorney's Association

Record judgment with copy of discharge
Sent from my iPhone - please excuse typos.
> On May 23, 2016, at 6:15 AM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>
> It's VZs standard order that says it isn't effective unless debtor completes the plan and receives the discharge.
>
>> On May 22, 2016 9:41 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" wrote:
>>
>> If the judgment avoids the lien upon discharge and debtor has received discharge then that's all you need.
>>
>> Otherwise you need to provide more facts. What does your judgement state?
>>
>> Sent from my iPhone - please excuse typos.
>>
>>> On May 22, 2016, at 9:25 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>>>
>>>
>>> If additional order were needed how would you get it? There doesn't appear to be a standard form.
>>>
>>>> On May 22, 2016 9:21 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" wrote:
>>>>
>>>> The answer depends on the wording in the judgment and whether a title company underwriting insurance in a future transaction involving the property will require additional information.
>>>>
>>>> Perhaps recording a certified copies of the judgment and the discharge order will be sufficient
>>>>
>>>> Sent from my iPhone - please excuse typos.
>>>>
>>>>> On May 22, 2016, at 9:15 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>>>>>
>>>>>
>>>>> Yes. Adversary filed and default judgment entered. Now at completion of plan. Query is need for additional declaration and order.
>>>>>
>>>>>> On May 22, 2016 8:37 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" wrote:
>>>>>>
>>>>>> VZ requires an Adversary Proceeding to avoid the lien.
>>>>>>
>>>>>> Sent from my iPhone - please excuse typos.
>>>>>>
>>>>>>> On May 22, 2016, at 6:39 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>>>>>>>
>>>>>>>
>>>>>>> Filed a complaint to avoid junior lien under 506 (VZ case) several years ago. Default judgment on the complaint was filed. The default judgment states that it is contingent on debtor completing the plan.
>>>>>>> Debtor is now near end of plan. Is an additional order needed once the plan is completed?
>>>>>>> It is when lien avoidance is done by motion, but I'm not sure when it's done by adversary proceeding.
>>>>>>> Anybody know?
>>>>>>>
>>>>>>> Thanks,
>>>>>>> --
>>>>>>> Kirk Brennan
>>>>>>>
>>>>>>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
>>>>>>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>>>>>>
>>>>>
>>>>
>>>
>>
>
>

The post was migrated from Yahoo.

It's VZs standard order that says it isn't effective unless debtor
completes the plan and receives the discharge.
On May 22, 2016 9:41 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" wrote:
>
>
> If the judgment avoids the lien upon discharge and debtor has received
> discharge then that's all you need.
>
> Otherwise you need to provide more facts. What does your judgement state?
>
> Sent from my iPhone - please excuse typos.
>
> On May 22, 2016, at 9:25 PM, Kirk Brennan kirkinhermosa@gmail.com
> [cdcbaa] wrote:
>
>
>
> If additional order were needed how would you get it? There doesn't appear
> to be a standard form.
> On May 22, 2016 9:21 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> The answer depends on the wording in the judgment and whether a title
>> company underwriting insurance in a future transaction involving the
>> property will require additional information.
>>
>> Perhaps recording a certified copies of the judgment and the discharge
>> order will be sufficient
>>
>> Sent from my iPhone - please excuse typos.
>>
>> On May 22, 2016, at 9:15 PM, Kirk Brennan kirkinhermosa@gmail.com
>> [cdcbaa] wrote:
>>
>>
>>
>> Yes. Adversary filed and default judgment entered. Now at completion of
>> plan. Query is need for additional declaration and order.
>> On May 22, 2016 8:37 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" > cdcbaa@yahoogroups.com> wrote:
>>
>>>
>>>
>>> VZ requires an Adversary Proceeding to avoid the lien.
>>>
>>> Sent from my iPhone - please excuse typos.
>>>
>>> On May 22, 2016, at 6:39 PM, Kirk Brennan kirkinhermosa@gmail.com
>>> [cdcbaa] wrote:
>>>
>>>
>>>
>>> Filed a complaint to avoid junior lien under 506 (VZ case) several years
>>> ago. Default judgment on the complaint was filed. The default judgment
>>> states that it is contingent on debtor completing the plan.
>>> Debtor is now near end of plan. Is an additional order needed once the
>>> plan is completed?
>>> It is when lien avoidance is done by motion, but I'm not sure when it's
>>> done by adversary proceeding.
>>> Anybody know?
>>>
>>> Thanks,
>>> --
>>> Kirk Brennan
>>>
>>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>>> exclusive and confidential use of the intended recipient. If you are not
>>> the intended recipient, please do not read, distribute or take action in
>>> reliance on this message. If you have received this message in error,
>>> please notify us immediately by return e-mail and promptly delete this
>>> message and its attachments from your computer system. We do not waive
>>> attorney-client or work product privilege by the transmission of this
>>> message.
>>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>>> be used to establish reasonable reliance on the opinion of counsel for the
>>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>>> Revenue Code. The firm provides reliance opinions only in formal opinion
>>> letters containing the signature of a director.
>>>
>>>
>

The post was migrated from Yahoo.

If the judgment avoids the lien upon discharge and debtor has received discharge then that's all you need.
Otherwise you need to provide more facts. What does your judgement state?
Sent from my iPhone - please excuse typos.
> On May 22, 2016, at 9:25 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>
> If additional order were needed how would you get it? There doesn't appear to be a standard form.
>
>> On May 22, 2016 9:21 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" wrote:
>>
>> The answer depends on the wording in the judgment and whether a title company underwriting insurance in a future transaction involving the property will require additional information.
>>
>> Perhaps recording a certified copies of the judgment and the discharge order will be sufficient
>>
>> Sent from my iPhone - please excuse typos.
>>
>>> On May 22, 2016, at 9:15 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>>>
>>>
>>> Yes. Adversary filed and default judgment entered. Now at completion of plan. Query is need for additional declaration and order.
>>>
>>>> On May 22, 2016 8:37 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" wrote:
>>>>
>>>> VZ requires an Adversary Proceeding to avoid the lien.
>>>>
>>>> Sent from my iPhone - please excuse typos.
>>>>
>>>>> On May 22, 2016, at 6:39 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>>>>>
>>>>>
>>>>> Filed a complaint to avoid junior lien under 506 (VZ case) several years ago. Default judgment on the complaint was filed. The default judgment states that it is contingent on debtor completing the plan.
>>>>> Debtor is now near end of plan. Is an additional order needed once the plan is completed?
>>>>> It is when lien avoidance is done by motion, but I'm not sure when it's done by adversary proceeding.
>>>>> Anybody know?
>>>>>
>>>>> Thanks,
>>>>> --
>>>>> Kirk Brennan
>>>>>
>>>>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
>>>>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>
>

The post was migrated from Yahoo.

If additional order were needed how would you get it? There doesn't appear
to be a standard form.
On May 22, 2016 9:21 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" wrote:
>
>
> The answer depends on the wording in the judgment and whether a title
> company underwriting insurance in a future transaction involving the
> property will require additional information.
>
> Perhaps recording a certified copies of the judgment and the discharge
> order will be sufficient
>
> Sent from my iPhone - please excuse typos.
>
> On May 22, 2016, at 9:15 PM, Kirk Brennan kirkinhermosa@gmail.com
> [cdcbaa] wrote:
>
>
>
> Yes. Adversary filed and default judgment entered. Now at completion of
> plan. Query is need for additional declaration and order.
> On May 22, 2016 8:37 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> VZ requires an Adversary Proceeding to avoid the lien.
>>
>> Sent from my iPhone - please excuse typos.
>>
>> On May 22, 2016, at 6:39 PM, Kirk Brennan kirkinhermosa@gmail.com
>> [cdcbaa] wrote:
>>
>>
>>
>> Filed a complaint to avoid junior lien under 506 (VZ case) several years
>> ago. Default judgment on the complaint was filed. The default judgment
>> states that it is contingent on debtor completing the plan.
>> Debtor is now near end of plan. Is an additional order needed once the
>> plan is completed?
>> It is when lien avoidance is done by motion, but I'm not sure when it's
>> done by adversary proceeding.
>> Anybody know?
>>
>> Thanks,
>> --
>> Kirk Brennan
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>> exclusive and confidential use of the intended recipient. If you are not
>> the intended recipient, please do not read, distribute or take action in
>> reliance on this message. If you have received this message in error,
>> please notify us immediately by return e-mail and promptly delete this
>> message and its attachments from your computer system. We do not waive
>> attorney-client or work product privilege by the transmission of this
>> message.
>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>> be used to establish reasonable reliance on the opinion of counsel for the
>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>> Revenue Code. The firm provides reliance opinions only in formal opinion
>> letters containing the signature of a director.
>>
>>
>
If additional order were needed how would you get it? There doesn't appear to be a standard form.
On May 22, 2016 9:21 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
The answer depends on the wording in the judgment and whether a title company underwriting insurance in a future transaction involving the property will require additional information.Perhaps recording a certified copies of the judgment and the discharge order will be sufficientSent from my iPhone - please excuse typos.On May 22, 2016, at 9:15 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Yes. Adversary filed and default judgment entered. Now at completion of plan. Query is need for additional declaration and order.
On May 22, 2016 8:37 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
VZ requires an Adversary Proceeding to avoid the lien.Sent from my iPhone - please excuse typos.On May 22, 2016, at 6:39 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Filed a complaint to avoid junior lien under 506 (VZ case) several years ago. Default judgment on the complaint was filed. The default judgment states that it is contingent on debtor completing the plan.Debtor is now near end of plan. Is an additional order needed once the plan is completed? It is when lien av
The post was migrated from Yahoo.

The answer depends on the wording in the judgment and whether a title company underwriting insurance in a future transaction involving the property will require additional information.
Perhaps recording a certified copies of the judgment and the discharge order will be sufficient
Sent from my iPhone - please excuse typos.
> On May 22, 2016, at 9:15 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>
> Yes. Adversary filed and default judgment entered. Now at completion of plan. Query is need for additional declaration and order.
>
>> On May 22, 2016 8:37 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" wrote:
>>
>> VZ requires an Adversary Proceeding to avoid the lien.
>>
>> Sent from my iPhone - please excuse typos.
>>
>>> On May 22, 2016, at 6:39 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>>>
>>>
>>> Filed a complaint to avoid junior lien under 506 (VZ case) several years ago. Default judgment on the complaint was filed. The default judgment states that it is contingent on debtor completing the plan.
>>> Debtor is now near end of plan. Is an additional order needed once the plan is completed?
>>> It is when lien avoidance is done by motion, but I'm not sure when it's done by adversary proceeding.
>>> Anybody know?
>>>
>>> Thanks,
>>> --
>>> Kirk Brennan
>>>
>>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
>>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>
>

The post was migrated from Yahoo.

Yes. Adversary filed and default judgment entered. Now at completion of
plan. Query is need for additional declaration and order.
On May 22, 2016 8:37 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" wrote:
>
>
> VZ requires an Adversary Proceeding to avoid the lien.
>
> Sent from my iPhone - please excuse typos.
>
> On May 22, 2016, at 6:39 PM, Kirk Brennan kirkinhermosa@gmail.com
> [cdcbaa] wrote:
>
>
>
> Filed a complaint to avoid junior lien under 506 (VZ case) several years
> ago. Default judgment on the complaint was filed. The default judgment
> states that it is contingent on debtor completing the plan.
> Debtor is now near end of plan. Is an additional order needed once the
> plan is completed?
> It is when lien avoidance is done by motion, but I'm not sure when it's
> done by adversary proceeding.
> Anybody know?
>
> Thanks,
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
Yes. Adversary filed and default judgment entered. Now at completion of plan. Query is need for additional declaration and order.
On May 22, 2016 8:37 PM, "Yahoo petermlively2000@yahoo.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
VZ requires an Adversary Proceeding to avoid the lien.Sent from my iPhone - please excuse typos.On May 22, 2016, at 6:39 PM, Kirk Brennan
The post was migrated from Yahoo.

VZ requires an Adversary Proceeding to avoid the lien.
Sent from my iPhone - please excuse typos.
> On May 22, 2016, at 6:39 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>
> Filed a complaint to avoid junior lien under 506 (VZ case) several years ago. Default judgment on the complaint was filed. The default judgment states that it is contingent on debtor completing the plan.
> Debtor is now near end of plan. Is an additional order needed once the plan is completed?
> It is when lien avoidance is done by motion, but I'm not sure when it's done by adversary proceeding.
> Anybody know?
>
> Thanks,
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>

The post was migrated from Yahoo.

I would just use the form Motion (Declaration--Form
F4003-2.4.DEC.AFTERDISCH) changing the words "Motion" to "Complaint"
and file it in the adversary and get a recordable order.
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
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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
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transaction or matter addressed in this communication.
On 5/22/2016 6:39 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa]
wrote:
>
>
> Filed a complaint to avoid junior lien under 506 (VZ case) several
> years ago. Default judgment on the complaint was filed. The
> default judgment states that it is contingent on debtor completing
> the plan.
> Debtor is now near end of plan. Is an additional order needed
> once the plan is completed?
> It is when lien avoidance is done by motion, but I'm not sure when
> it's done by adversary proceeding.
> Anybody know?
>
> Thanks,
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for
> the exclusive and confidential use of the intended recipient. If
> you are not the intended recipient, please do not read, distribute
> or take action in reliance on this message. If you have received
> this message in error, please notify us immediately by return
> e-mail and promptly delete this message and its attachments from
> your computer system. We do not waive attorney-client or work
> product privilege by the transmission of this message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail
> does not constitute a "reliance opinion" as defined in IRS
> Circular 230 and may not be used to establish reasonable reliance
> on the opinion of counsel for the purpose of avoiding the penalty
> imposed by Section 6662A of the Internal Revenue Code. The firm
> provides reliance opinions only in formal opinion letters
> containing the signature of a director.
>
>
>

The post was migrated from Yahoo.

Filed a complaint to avoid junior lien under 506 (VZ case) several years
ago. Default judgment on the complaint was filed. The default judgment
states that it is contingent on debtor completing the plan.
Debtor is now near end of plan. Is an additional order needed once the
plan is completed?
It is when lien avoidance is done by motion, but I'm not sure when it's
done by adversary proceeding.
Anybody know?
Thanks,
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Filed a complaint to avoid junior lien under 506 (VZ case) several years ago. Default judgment on the complaint was filed. The default judgment states that it is contingent on debtor completing the plan.Debtor is now near end of plan. Is an additional order needed once the plan is completed? It is when lien avoidance is do
The post was migrated from Yahoo.