Central District Consumer Bankruptcy Attorney's Association

I have 2 cases that are Chapter 20s that have been paid in full, and the
respective Chapter 13 trustees have confirmed that no additional funds are
needed.
Under a normal Chapter 13, I would proceed with filing for Debtors Cert of
Compliance under 1328 and App for Entry of Discharge. But because these
cases are Chapter 20s, there is no discharge.
So what do I do to close these cases out? Any references to cases that I
can look at would be helpful.
Thanks.
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
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I have a pc in Orange County so now I too am very interested in the answer to this question.
Also, is the Litton case still up on appeal? It should be about due to be argued.
Steve Burton
On Wednesday, July 3, 2013 10:14 AM, Catherine Christiansen wrote:
Anyone in Orange County having problems with Ch 20 for the purpose of lien strip?
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714)
375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com

The post was migrated from Yahoo.

Anyone in Orange County having problems with Ch 20 for the purpose of lien strip?
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com

The post was migrated from Yahoo.

I had a similar situation come up not too long ago and here is the response I received from Trustee's office in the Valley: Judge Kaufman allows it; Judge Tighe does not and Judge Ahart is undecided.
Sofya Davtyan, Esq.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tuesday, February 28, 2012 5:03 PM
Subject: RE: [cdcbaa] Chapter 20
No, 3 of them are for it. I should have written down their names, but I dont practice in the Valley so I didnt do that. Now I regret it because it was good information for the list serve.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Kenneth Schwartz
Sent: Monday, February 27, 2012 9:00 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Chapter 20
I thought ALL Valley judges were opposed to it
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Telephone: (818)226-1205
Email: kennethjschwartz@yahoo.com
Sent from my iPhone
Woodland Hills, California
91364-2203
On Feb 27, 2012, at 7:40 PM, "Steven B. Lever" wrote:
>I went to a seminar in OC by the OCBF forum and Judge Smith polled the judges on Chapter 20 lien strips. Basically, most of the Valley judges allow it, it sounded like Judge Wallace is leaning toward allowing it, and even Judge Smith will allow it if a pending BAP decision comes down in favor of it. Other judges are against it or just will not say.
>
>From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Kirk Brennan
>Sent: Monday, February 27, 2012 3:23 PM
>To: cdcbaa@yahoogroups.com
>Subject: Re: [cdcbaa] Chapter 20
>
>
>It depends on the judge. Some allow ch 20 and some do not.
>On Feb 27, 2012 3:17 PM, "R Grace Rodriguez" wrote:
>
>Dear members:
>
>PC went to Paralegal who charged $16,000 for loan modification and bankruptcy services. Debtor has a rental home that he is trying to save in bankruptcy. He use to live in the property but moved out. Debtor received a Discharge in June 2011. The house is worth so little that in a 13 he could have valued it at 90K and paid it off in 5 years. My question is, can we reopen and convert the bankruptcy if the discharge was already entered? Or is it better for him to file a chapter 13 and do a cramdown on the rental property. My concern is that it is looking like you can do a lienstrip without getting a discharge. Can you do a cram-down without getting a discharge? What y'all think?
>
>
>--
>R. Grace Rodriguez, Esq.
>OFF: (818) 734-7223
>CEL: (818) 554-9922
>
>
>
>
>________________________________
>
>No virus found in this message.
>Checked by AVG - www.avg.com
>Version: 10.0.1424 / Virus Database: 2113/4835 - Release Date: 02/27/12
________________________________
No virus found in this message.
Checked by AVG - www.avg.com
Version: 10.0.1424 / Virus Database: 2113/4836 - Release Date: 02/27/12

The post was migrated from Yahoo.

The post was migrated from Yahoo.

Also recently Judge Tighe commented that she is having a change of heart on
her position and was going to revisit. This was in January.
R
Also recently Judge Tighe commented that she is having a change of heart on her position and was going to revisit. This was in January.R

The post was migrated from Yahoo.

Yes back when GM & KT were on the bench in 09. . I do not know what AA & VK positions are. But I guess they differ from MT. Thanks for the info Steve.
David
This e-mail is from an Attorney and may contain information that is privileged and/or confidential, including, without limitation, attorney-client privileged communication(s) and/or confidential attorney work product. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you believe that you have received this e-mail message in error, please e-mail the sender and delete all copies.This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail and delete any version, response or reference to it. Thank you.
On Feb 27, 2012, at 9:00 PM, Kenneth Schwartz wrote:
> I thought ALL Valley judges were opposed to it
>
> Kenneth Jay Schwartz, Esq.
> LAW OFFICE OF KENNETH JAY SCHWARTZ
> 21031 Ventura Boulevard, Suite 640
> Woodland Hills, California
> 91364-2203
> Telephone: (818)226-1205
> Email: kennethjschwartz@yahoo.com
>
> Sent from my iPhone
>
> On Feb 27, 2012, at 7:40 PM, "Steven B. Lever" wrote:
>
>>
>> I went to a seminar in OC by the OCBF forum and Judge Smith polled the judges on Chapter 20 lien strips. Basically, most of the Valley judges allow it, it sounded like Judge Wallace is leaning toward allowing it, and even Judge Smith will allow it if a pending BAP decision comes down in favor of it. Other judges are against it or just will not say.
>>
>>
>>
f Kirk Brennan
>> Sent: Monday, February 27, 2012 3:23 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: Re: [cdcbaa] Chapter 20
>>
>>
>>
>>
>>
>> It depends on the judge. Some allow ch 20 and some do not.
>>
>> On Feb 27, 2012 3:17 PM, "R Grace Rodriguez" wrote:
>>
>>
>>
>> Dear members:
>>
>>
>>
>> PC went to Paralegal who charged $16,000 for loan modification and bankruptcy services. Debtor has a rental home that he is trying to save in bankruptcy. He use to live in the property but moved out. Debtor received a Discharge in June 2011. The house is worth so little that in a 13 he could have valued it at 90K and paid it off in 5 years. My question is, can we reopen and convert the bankruptcy if the discharge was already entered? Or is it better for him to file a chapter 13 and do a cramdown on the rental property. My concern is that it is looking like you can do a lienstrip without getting a discharge. Can you do a cram-down without getting a discharge? What y'all think?
>>
>>
>>
>> --
>> R. Grace Rodriguez, Esq.
>> OFF: (818) 734-7223
>> CEL: (818) 554-9922
>>
>>
>>
>> No virus found in this message.
>> Checked by AVG - www.avg.com
>> Version: 10.0.1424 / Virus Database: 2113/4835 - Release Date: 02/27/12
>>
>
>
Yes back when GM & KT were on the bench in 09. . I do not know what AA & VK positions are. But I guess they differ from MT. Thanks for the info Steve. DavidThis e-mail is from an Attorney and may contain information that is privileged and/or confidential, including, without limitation, attorney-client privileged communication(s) and/or confidential attorney work product. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you believe that you have received this e-mail message in error, please e-mail the sender and delete all copies.This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail and delete any version, response or reference to it. Thank you.On Feb 27, 2012, at 9:00 PM, Kenneth Schwartz <kennethjschwartz@yahoo.com> wrote:

I thought ALL Valley judges were opposed to itKenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2203Telephone: (818)226-1205Email: kennethjschwartz@yahoo.comSent from my iPhoneOn Feb 27, 2012, at 7:40 PM, "Steven B. Lever" <
The post was migrated from Yahoo.

I thought ALL Valley judges were opposed to it
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California
91364-2203
Telephone: (818)226-1205
Email: kennethjschwartz@yahoo.com
Sent from my iPhone
On Feb 27, 2012, at 7:40 PM, "Steven B. Lever" wrote:
> I went to a seminar in OC by the OCBF forum and Judge Smith polled the judges on Chapter 20 lien strips. Basically, most of the Valley judges allow it, it sounded like Judge Wallace is leaning toward allowing it, and even Judge Smith will allow it if a pending BAP decision comes down in favor of it. Other judges are against it or just will not say.
>
>
>
Kirk Brennan
> Sent: Monday, February 27, 2012 3:23 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Chapter 20
>
>
>
>
>
> It depends on the judge. Some allow ch 20 and some do not.
>
> On Feb 27, 2012 3:17 PM, "R Grace Rodriguez" wrote:
>
>
>
> Dear members:
>
>
>
> PC went to Paralegal who charged $16,000 for loan modification and bankruptcy services. Debtor has a rental home that he is trying to save in bankruptcy. He use to live in the property but moved out. Debtor received a Discharge in June 2011. The house is worth so little that in a 13 he could have valued it at 90K and paid it off in 5 years. My question is, can we reopen and convert the bankruptcy if the discharge was already entered? Or is it better for him to file a chapter 13 and do a cramdown on the rental property. My concern is that it is looking like you can do a lienstrip without getting a discharge. Can you do a cram-down without getting a discharge? What y'all think?
>
>
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
>
>
> No virus found in this message.
> Checked by AVG - www.avg.com
> Version: 10.0.1424 / Virus Database: 2113/4835 - Release Date: 02/27/12
>
>
I thought ALL Valley judges were opposed to itKenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2203Telephone: (818)226-1205Email: kennethjschwartz@yahoo.comSent from my iPhoneOn Feb 27, 2012, at 7:40 PM, "Steven B. Lever" <sblever@leverlaw.com> wrote:


The post was migrated from Yahoo.

charset="US-ASCII"
I went to a seminar in OC by the OCBF forum and Judge Smith polled the
judges on Chapter 20 lien strips. Basically, most of the Valley judges
allow it, it sounded like Judge Wallace is leaning toward allowing it,
and even Judge Smith will allow it if a pending BAP decision comes down
in favor of it. Other judges are against it or just will not say.

The post was migrated from Yahoo.

It depends on the judge. Some allow ch 20 and some do not.
On Feb 27, 2012 3:17 PM, "R Grace Rodriguez" wrote:
> **
>
>
> Dear members:
>
> PC went to Paralegal who charged $16,000 for loan modification and
> bankruptcy services. Debtor has a rental home that he is trying to save in
> bankruptcy. He use to live in the property but moved out. Debtor received
> a Discharge in June 2011. The house is worth so little that in a 13 he
> could have valued it at 90K and paid it off in 5 years. My question is,
> can we reopen and convert the bankruptcy if the discharge was already
> entered? Or is it better for him to file a chapter 13 and do a cramdown on
> the rental property. My concern is that it is looking like you can do a
> lienstrip without getting a discharge. Can you do a cram-down without
> getting a discharge? What y'all think?
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
>
>
>
It depends on the judge. Some allow ch 20 and some do not.
On Feb 27, 2012 3:17 PM, "R Grace Rodriguez" <rgracelaw@gmail.com> wrote:
The post was migrated from Yahoo.