Relief from codebtor stay under 1301
Posted: Tue Nov 28, 2017 5:37 pm
So there are advantages to marriage... Who knew!?
On 11/28/2017 5:22 PM, 'Peter M. Lively' petermlively2000@yahoo.com
[cdcbaa] wrote:
>
>
> Sounds good as long as they stay married.
>
> Peter M. Lively, J.D., M.B.A.
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Boulevard, Suite 203, Culver City, California
> 90230-4647
> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax:
> (310) 391-2462
>
>
> On Tuesday, November 28, 2017, 4:37:30 PM PST, 'Mark J. Markus'
> bklawr@yahoo.com [cdcbaa] wrote:
>
>
> Nondebtor spouse is sole income earner and is already contributing
> 100% of her wages to the plan.
>
> I don't think there's anything this creditor can do as long as
> wife (nondebtor spouse) has no separate property. She's protected
> during the bankruptcy from collection actions on property of the
> estate, which includes CP. And after the discharge is entered in
> a few years, she will be protected by 524. Creditor failed to
> timely file a 523 complaint, so this is Dennis McGoldrick's Snow
> White scenario in action I believe....
>
>
> On 11/28/2017 3:39 PM, 'Peter M. Lively'
> petermlively2000@yahoo.com
> [cdcbaa] wrote:
>> See 1301(c)(2). Maybe setup a payment plan between
>> non-debtor-spouse and the creditor for the amount not provided
>> for in the debtor's plan?
>>
>> Peter M. Lively, J.D., M.B.A.
>> Law Office of Peter M. Lively * Personal Financial Law Center I
>> 11268 Washington Boulevard, Suite 203, Culver City, California
>> 90230-4647
>> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax:
>> (310) 391-2462
>>
>>
>> On Tuesday, November 28, 2017, 3:35:19 PM PST, 'Mark J. Markus'
>> bklawr@yahoo.com [cdcbaa]
>> wrote:
>>
>>
>> Nope
>>
>>
>> On 11/28/2017 3:11 PM, 'Peter M. Lively'
>> petermlively2000@yahoo.com
>> [cdcbaa] wrote:
>>> Is it a 100% plan?
>>>
>>> Peter M. Lively, J.D., M.B.A.
>>> Law Office of Peter M. Lively * Personal Financial Law Center I
>>> 11268 Washington Boulevard, Suite 203, Culver City, California
>>> 90230-4647
>>> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax:
>>> (310) 391-2462
>>>
>>>
>>> On Tuesday, November 28, 2017, 1:22:20 PM PST, 'Mark J. Markus'
>>> bklawr@yahoo.com [cdcbaa]
>>> wrote:
>>>
>>>
>>> Has anyone dealt with a relief from stay motion for the codebtor
>>> stay in a CH. 13 where the codebtor is the debtor's spouse?
>>>
>>> I'm trying to figure out the likelihood of success of a creditor
>>> that is threatening to file a Motion.
>>>
>>> Specific facts are: Debtor and his wife received insurance
>>> proceeds for medical treatments that were apparently supposed to
>>> be turned over to the medical facilities.
>>>
>>> Debtor husband filed a CH. 13 and listed these debts, the
>>> creditor filed its claim, and there is a confirmed plan. Wife
>>> was listed as codebtor.
>>>
>>> Creditor now wants to sue non-filing wife individually.
>>>
>>>
>>> *************************
>>> 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
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>> --
>>
>> *************************
>> 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.
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