Chapter 13 Plan-Res Judicata effect
Posted: Sat Feb 11, 2017 1:27 pm
I think it's worth a shot
On Feb 11, 2017 9:56 AM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
>
>
> I agree, if there were a writing, this would be much easier, but sadly
> (and not surprisingly) there is not.
>
> What about acquiescence? After orally telling debtor she didn't have to
> pay, they took no action for over a year, and then took no action for 17
> months after the Ch. 13 was filed. Looks like that may be the only
> argument to make.
>
> On 2/11/2017 6:47 AM, Havkin Stella havkinlaw@earthlink.net [cdcbaa]
> wrote:
>
>
> Any writing to support the representation.? I would argue that under
> Espinoza, the debtor made an offer, that the debtor put in writing in the
> proposed plan, SBA received and did not object. The plan is a new contract
> with the creditor which modified the original contact.
>
> -----Original Message-----
> Sent: Feb 10, 2017 8:15 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Chapter 13 Plan-Res Judicata effect
>
>
>
> Just had this dropped on my desk...
>
> Debtor in Chapter 13, 17 months into a confirmed Plan.
>
> The plan is a zero percent plan, curing arrearages to the first mortgage.
>
> There are also several junior liens, including one in favor of the SBA.
>
> According to debtor, the SBA told her that because of her financial
> hardship no payments were due and they would just be paid upon future sale
> of the property. As such, debtor had not made payments for over a year
> prepetition.
>
> The Plan provides for no payment to the SBA and states in the MISC.
> section that no payments will be made and that none are required.
>
> SBA received all the requisite notice of the BK filing and Plan. It did
> not file a claim and did not object to the plan.
>
> Now, 17 months into the case, counsel for SBA is demanding payment.
>
> Does the plan provision prevent them from doing that, or would they
> prevail on a MRS due to no payments being made and not providing for any
> arrearage payment?
>
>
> *******************************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
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> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
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> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written 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 in this communication.
>
>
I think it's worth a shot
On Feb 11, 2017 9
The post was migrated from Yahoo.