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Espinosa re: mortgage payments

Posted: Tue Apr 24, 2012 3:30 pm
by Yahoo Bot

Yes, Mark. Frank Zappa was the father of the Mothers of Invention. But his avowed goal was to move to Montana to grow dental floss and become a dental floss tycoon. Unfortunately, he died before he could realize the goal, and was buried on Billy the Mountain, next to where Ethel the tree was growing off of Billy's shoulder.
And now let's return to planet earth to focus on the discussion and practice of bankruptcy law.
Nicholas Gebelt, Ph.D., J.D.
Certified Bankruptcy Specialist
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Espinosa re: mortgage payments

Posted: Tue Apr 24, 2012 2:56 pm
by Yahoo Bot

I know...was just being jocular.
And I believe Frank Zappa was the father of the Mothers of
Invention (too esoteric?)
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
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Espinosa re: mortgage payments

Posted: Tue Apr 24, 2012 1:13 pm
by Yahoo Bot

Maybe not by shrewd design, but it's not inconceivable that someone will,
for example, have a prepetition loanmod that gets denied postpetition. If
only out of desperation, one argument to make the "trial period" payment
permanent on an otherwise unaffordable house and avoid a MRS is Espinosa.
Hey, necessity is the mother of invention.
_____

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Espinosa re: mortgage payments

Posted: Tue Apr 24, 2012 1:04 pm
by Yahoo Bot

If it is the only straw left to grasp.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

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Espinosa re: mortgage payments

Posted: Tue Apr 24, 2012 11:08 am
by Yahoo Bot

LOL. I think a lot would be binding if it gets past the Judge, but I don't
think much gets past Judge Zurzolo and Trustees, such as Danielson in RV,
routinely try to eliminate anything in the Miscellaneous box.
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
LOL. I think a lot would be binding if it gets past the Judge, but I don't think much gets past Judge Zurzolo and Trustees, such as Danielson in RV, routinely try to eliminate anything in the Miscellaneous box.
-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.com
website: www.gobklaw.comWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.

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Espinosa re: mortgage payments

Posted: Tue Apr 24, 2012 10:17 am
by Yahoo Bot

OK, /you/ try it :)
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at

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Espinosa re: mortgage payments

Posted: Tue Apr 24, 2012 9:52 am
by Yahoo Bot

I'm in Judge Zurzolo's courtroom on the Motion for Relief of Stay calendar.
When Debtor's counsel (sorry, didn't get his name) argued that, among other
things, mortgage company was bound by the plan, the Court inquired, with a
wry smile, "is it your argument that the debtor could propose a $5/month
mortgage payment and if confirmed, the lender is bound?" The debtor's
counsel answered "yes," citing United Student Aid Funds, Inc. v. Espinosa,
the Supreme Court case from 2010.

The court, in its oral ruling, said there was merit in debtor's argument,
but the court didn't need to rule on it because the debtor hadn't even made
the payments that he himself suggested in the plan.

The court asked for creditor's counsel to draft a very narrow order granting
relief because payments weren't current.

It seems to this observer that at least this court would be receptive to
arguments interpreting Espinosa broadly, or at least opening it beyond
student loans and including mortgages.

Hale
I'm in Judge
Zurzolo's courtroom on the Motion for Relief of Stay calendar. When Debtor's
counsel (sorry, didn't get his name) argued that, among other things, mortgage
company was bound by the plan, the Court inquired, with a wry smile, "is it your
argument that the debtor could propose a $5/month mortgage payment and if
confirmed, the lender is bound?" The debtor's counsel answered "yes," citing
United Student Aid Funds, Inc. v. Espinosa, the
Supreme Court case from 2010.

The court, in its
oral ruling, said there was merit in debtor's argument, but the court didn't
need to rule on it because the debtor hadn't even made the payments that hehimself suggested in the plan.

The court asked for
creditor's counsel to draft a very narrow order granting relief because payments
weren't current.

It seems to this
observer that at least this court would be receptive to arguments interpreting
Espinosa broadly, or at least opening it beyond student loans and
including mortgages.

Hale

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