2nd Chapter 13 to repay arrearages during Ch 13 case
Posted: Thu Mar 07, 2013 10:35 am
That sounds like a better solution, procedurally, than my suggestion. This
way, you could not conceivably be accused of a rule 11 violation for filing
the second case if the judge decides to apply 109(g)(2).
I think the Luna case would still be relevant in the motion to vacate the
bar, since it says that the application of 109(g)(2) is discretionary.
On Thu, Mar 7, 2013 at 10:24 AM, Shannon Doyle wrote:
> **
>
>
> You can dismiss, vacate the 180 day bar and refile. I have done this
> before but your clients will need to show good faith to vacate the bar. The
> fact that they stayed in the prior Ch13 for several years indicates good
> faith. Then they would also need to show a change in circumstances so
> there should be a good reason why they stopped paying the mortgage. There
> are many things that can come up in their lives to cause them to stop
> paying the mortgage.****
>
> ** **
>
> Shannon A. Doyle****
>
> Attorney at Law****
>
> [image: small logo]****
>
> 100 N. Barranca Avenue, Suite 250****
>
> West Covina, CA 91791-1600****
>
> Tel: (626) 646-2555****
>
> Fax: (626) 332-8644****
>
> www.blclaw.com ****
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *jesseelaw@aol.com
> *Sent:* Wednesday, March 06, 2013 6:32 PM
>
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] 2nd Chapter 13 to repay arrearages during Ch 13
> case****
>
> ** **
>
> ****
>
> ****
>
> Remember 109(g) applies to voluntary dismissals. If your clients are
> behind in the plan payments enough where the Chapter 13 trustee will move
> to dismiss for nonpayment reasonably soon, no bar applies to another
> filing. Lender will need to renotice the foreclosure sale date. How about
> loan modification under the California Homeowners Bill of Rights delaying
> any foreclosure? ****
>
> ****
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)****
>
> ****
>
>
>
Clifford Bordeaux
Bordeaux Law, P.C.
790 E. Colorado Boulevard, 9th Floor
Pasadena, CA 91101
T: 626-405-2345 / F: 626-4-628-1820 E: cliff@bordeauxlaw.com
That sounds like a better solution, procedurally, than my suggestion. This way, you could not conceivably be accused of a rule 11 violation for filing the second case if the judge decides to apply 109(g)(2).
I think the Luna case would still be relevant in the motion to vacate the bar, since it says that the application of 109(g)(2) is discretionary.On Thu, Mar 7, 2013 at 10:24 AM, Shannon Doyle <sdoyle@blclaw.com> wrote:
You can dismiss, vacate the 180 day bar and refile. I have done this before but your clients will need to show good faith to vacate the bar. The fact that they stayed in the prior Ch13 for several years indicates good faith. Then they would also need to show a change in circumstances so there should be a good reason why they stopped paying the mortgage. m to stop paying the mortgage.
Shannon A. DoyleAttorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600Tel: (626) 646-2555
Fax: (626) 332-8644www.blclaw.com
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of jesseelaw@aol.com
Sent: Wednesday, March 06, 2013 6:32 PMTo: cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] 2nd Chapter 13 to repay arrearages during Ch 13 case
Remember 109(g) applies to voluntary dismissals. If your clients are behind in the plan payments enough where the Chapter 13 trustee will move to dismiss for nonpayment reasonably soon, no bar applies to another filing.Lender will need torenotice the foreclosure sale date.How about loan modification under the California Homeowners Bill of Rights delaying any foreclosure?
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805) 497-5864 (Facsimile)
-- Clifford BordeauxBordeaux Law, P.C.790 E. Colorado Boulevard, 9th FloorPasadena, CA 91101T: 626-405-2345 / F: 626-4-628-1820 E: cliff@bordeauxlaw.com
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