Central District Consumer Bankruptcy Attorney's Association

We never could treat them differently or outside the plan. But, if you get Jury as your Judge you can treat them in a separate classification.
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
________________________________
To: cdcbaa@yahoogroups.com
Sent: Monday, February 11, 2013 8:23 AM
Subject: Re: [cdcbaa] Chapter 13--no proof of claim filed by student loan holder
As I understand, there is case law that requires we include student loans in the Plan and treat them as any other Class 5 creditor.
I'm quite bummed that we can no longer treat them "specially" or outside the Plan.
Christine
On Sat, Feb 9, 2013 at 5:10 PM, Steven B. Lever wrote:
>
>To somewhat hijack, or rather extend a thread, Im thinking about proposing a plan that pays student loans outside the plan.
>
>I know there is case law allowing that.
>
>This is a Los Angeles case.
> t
>Has anyone done this successfully? What happens if they put in a Proof of Claim? Would I have to object to it?
>
>Steve Lever
>
>From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Nicholas Gebelt
>Sent: Saturday, February 09, 2013 11:26 AM
>To: cdcbaa@yahoogroups.com
>Cc: 'Nicholas Gebelt'
>Subject: RE: [cdcbaa] Chapter 13--no proof of claim filed by student loan holder
>
>
>Dear Kenneth,
>
>The student debt would not be discharged. See 1328(a)(2) combined with 523(a)(8) for the situation where the debtor completes the plan, and 1328(c)(2) for the Chapter 13 hardship discharge.
>
>Nick
>
>Nicholas Gebelt, Ph.D., J.D.
>Board Certified Bankruptcy Specialist
>
>
>
>Law Offices of Nicholas Gebelt
>15150 Hornell Street
>Whittier, CA 90604
>Phone: 562.777.9159
>FAX: 562.946.1365
>Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
>Web: www.goodbye2debt.com
>Blog: www.southerncaliforniabankruptcylawblog.com/
>
>We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
>
>Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. at 562.777.9159 or e-mail info@gebeltlaw.comand destroy the original message and all copies.
>
>Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
>
>IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
>
>From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Kenneth Schwartz
>Sent: Saturday, February 09, 2013 11:19 AM
>To: cdcbaa@yahoogroups.com
>Subject: [cdcbaa] Chapter 13--no proof of claim filed by student loan holder
>
>
>Confirmed Plan (100%) provides for payment of a small student loan ($4,200). No claim has been filed. Client has the resources to pay outside of the Plan, but query, would the loan be discharged since it was to be paid in full, and the creditor failed to file a proof of claim?
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
Office:
5150 Candlewood Street, Suite 17F
Lakewood, CA 90712
Mailing:
4067 Hardwick Street, Suite 335
Lakewood, CA 90712
Office: 877-631-2220
Cell: 562-824-7563
Fax: 1-636-212-7078
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments, is intended solely for review by the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. Review by anyone other than the intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this communication. If you are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained in this email message, including attachments, is not intended to and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. (The foregoing legend has been affixed pursuant to U.S. Treasury Regulations governing tax practice.)

The post was migrated from Yahoo.