Central District Consumer Bankruptcy Attorney's Association

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

The post was migrated from Yahoo.

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
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com

The post was migrated from Yahoo.

Thank you for this suggestion. I know nothing of said Bill of Rights.
Do you do that kind of work?

The post was migrated from Yahoo.

Do we need a blog containing stories of clients who came to us to late and lost what they were trying to keep because they decided to use sham artists instead of the real deal and success stories of clients who used real attorneys? Would that increase the numbers represented by a real attorney?
In the same vein - Could we also learn to spot the issues and have a referral list of members who specialize in those issues, such as litigation under HBOR, Student Loans, Foreclosure Defense?
Just a thought.
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
This e-mail is private and confidential and is intended solely for the recipient(s) named or otherwise identified herein. If you are not named or otherwise identified as an intended recipient, please delete this e-mail message and any copies thereof and immediately notify Christiansen Law Offices by e-mail or by telephone (562)608-8368.
Representation Note: If you have not signed a contract of representation, Christiansen Law Offices does not represent you, and this email does not contain anylegal advicefor you. NOTICE: 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 filing petitions for relief under the Bankruptcy Code.
And may you have the power to understand, as all God's people should, how wide, how long, how high, and how deep his love is. Ephesians 3:18 NLT
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Thursday, March 7, 2013 8:06 AM
Subject: RE: [cdcbaa] 2nd Chapter 13 to repay arrearages during Ch 13 case
And the lack of payments in the first case, then an immediate filing of another case may be deemed a bad faith filing.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of jesseelaw@aol.com
Sent: Wednesday, March 06, 2013 5:56 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] 2nd Chapter 13 to repay arrearages during Ch 13 case
Hope the Chapter 13 trustee dismisses the case for nonpayment of plan payments prior to foreclosure. Otherwise voluntary dismissal results in 180 day bar because of motion for relief from stay being pending or having been granted.
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)
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.
In a message dated 3/6/2013 5:41:20 P.M. Pacific Standard Time, sblever@leverlaw.com writes:
>I have a Chapter 13 that has almost paid off the total arrearages owed to the 1st mortgage lender.
>However, they didnt pay the last 13 current mortgage payments to the same lender.
>The bank has finally moved for relief from stay to be heard March 26 2013 for failure to pay current mortgage payments.
>They really want to stay in the house, and are willing to dismiss this before the motion is heard and do a whole new case and repay the arrearages again over another 5 years.
>Question: if I get a Motion to Continue the Stay in the next case, and they have not received relief from stay, can I get this accomplished?
>Steve
>Law Offices of Steven B. Lever
>>
>> Steven B. Lever
>>( Tel. (562) 436-5456 ext. 1
>>( Fax (562) 485-6886
>>* sblever@leverlaw.com
>> www.leverlaw.com
>> ******************************************************
>> This Internet e-mail contains confidential information
>> which is intended only for the addressee and which may
>> be privileged under applicable law. Do not read, copy
>> or disseminate it if you are not the addressee. If you
>> have received this message in error, please notify the
>> sender immediately and delete it. Thank you.
>> ******************************************************

The post was migrated from Yahoo.

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)

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.
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)

The post was migrated from Yahoo.

If your client has absolutely no other options--and lender won't agree to an APO stipulation, you could try to dismiss and refile. 109(g)(2) does impose a 180 day bar, but there is a narrow exeption. See In Re Luna, 122 B.R. 575. I successfully argued this in a recent case (See docket #23 in case #2:12-BK-40408. You probably need a good set of facts and a sympathetic judge, though, to make this argument, so I wouldn't recommend voluntary dismissal until after thoroughly explaining the risks to the client and getting their sign-off.
>
> If you dismiss, you have a 109(g) bar as the statute refers to any rfs motion having been filed. It does not require that an order be entered.
> Sent from my Blackberry
>
> Sent: Wednesday, March 06, 2013 05:35 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] 2nd Chapter 13 to repay arrearages during Ch 13 case
>
>
> I have a Chapter 13 that has almost paid off the total arrearages owed to the 1st mortgage lender.
>
> However, they didnt pay the last 13 current mortgage payments to the same lender.
>
> The bank has finally moved for relief from stay to be heard March 26 2013 for failure to pay current mortgage payments.
>
> They really want to stay in the house, and are willing to dismiss this before the motion is heard and do a whole new case and repay the arrearages again over another 5 years.
>
> Question: if I get a Motion to Continue the Stay in the next case, and they have not received relief from stay, can I get this accomplished?
>
> Steve
>
> Law Offices of Steven B. Lever
> >
> > Steven B. Lever
> > Tel. (562) 436-5456 ext. 1
> > Fax (562) 485-6886
> > sblever@...
> > www.leverlaw.com
> > ******************************************************
> > This Internet e-mail contains confidential information
> > which is intended only for the addressee and which may
> > be privileged under applicable law. Do not read, copy
> > or disseminate it if you are not the addressee. If you
> > have received this message in error, please notify the
> > sender immediately and delete it. Thank you.
> > ******************************************************
>

The post was migrated from Yahoo.

The post was migrated from Yahoo.

Hope the Chapter 13 trustee dismisses the case for nonpayment of plan
payments prior to foreclosure. Otherwise voluntary dismissal results in 180
day bar because of motion for relief from stay being pending or having beengranted.
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)
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENTOF 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 THISMESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
In a message dated 3/6/2013 5:41:20 P.M. Pacific Standard Time,
sblever@leverlaw.com writes:
I have a Chapter 13 that has almost paid off the total arrearages owed tothe 1st mortgage lender.
However, they didnt pay the last 13 current mortgage payments to the same
lender.
The bank has finally moved for relief from stay to be heard March 26 2013for failure to pay current mortgage payments.
They really want to stay in the house, and are willing to dismiss this
before the motion is heard and do a whole new case and repay the arrearages
again over another 5 years.
Question: if I get a Motion to Continue the Stay in the next case, and
they have not received relief from stay, can I get this accomplished?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> _www.leverlaw.com_ (http://www.leverlaw.com/)
> ******************************************************
> This Internet e-mail contains confidential information
> which is intended only for the addressee and which may
> be privileged under applicable law. Do not read, copy
> or disseminate it if you are not the addressee. If you
> have received this message in error, please notify the
> sender immediately and delete it. Thank you.
> ******************************************************
Hope the Chapter 13 trustee dismisses the case for nonpayment of planpayments prior to foreclosure. Otherwise voluntary dismissal results in
180 day bar because of motion for relief from stay being pending or having been
granted.

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)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.

In a message dated 3/6/2013 5:41:20 P.M. Pacific Standard Time,
sblever@leverlaw.com writes:




I have a
Chapter 13 that has almost paid off the total arrearages owed to the
1st mortgage lender.

However, they
didnt pay the last 13 current mortgage payments to the same
lender.

The bank has
finally moved for relief from stay to be heard March 26 2013 for failure to
pay current mortgage payments.

They really
want to stay in the house, and are willing to dismiss this before the motion
is heard and do a whole new case and repay the arrearages again over another 5
years.

Question:
if I get a Motion to Continue the Stay in the next case, and they have not
received relief from stay, can I get this accomplished?

Steve


Law Offices of
Steven B. Lever
>
> Steven B.
Lever
>( Tel.
(562) 436-5456 ext. 1
>( Fax (562)
485-6886
>* sblever@leverlaw.com
>
www.leverlaw.com
>

The post was migrated from Yahoo.

I have a Chapter 13 that has almost paid off the total arrearages owed
to the 1st mortgage lender.
However, they didn't pay the last 13 current mortgage payments to the
same lender.
The bank has finally moved for relief from stay to be heard March 26
2013 for failure to pay current mortgage payments.
They really want to stay in the house, and are willing to dismiss this
before the motion is heard and do a whole new case and repay the
arrearages again over another 5 years.
Question: if I get a Motion to Continue the Stay in the next case, and
they have not received relief from stay, can I get this accomplished?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
> ******************************************************
> This Internet e-mail contains confidential information
> which is intended only for the addressee and which may
> be privileged under applicable law. Do not read, copy
> or disseminate it if you are not the addressee. If you
> have received this message in error, please notify the
> sender immediately and delete it. Thank you.
> ******************************************************

The post was migrated from Yahoo.