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is this mortgage deficiency part of 109(e) debt

Posted: Fri Jun 02, 2017 5:58 pm
by Yahoo Bot

I thought there was a one-action rule or something. How can a bank
cancel a debt, then collect on it?
On 6/2/2017 5:49 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa] wrote:
>
>
> Why would those debts be included if they are not owed because of
> the anti-deficiency statute?
>
> The tax treatment is not relevant to this question. Issuing a
> 1099 does not preclude the creditor from pursuing collection at
> some later point in time.
>
> *David A. Tilem*
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> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Friday, June 02, 2017 5:47 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] is this mortgage deficiency part of 109(e)
> debt calculation?
>
> Debtor owned a property in Arizona with a 1st and 2nd mortgage
> that was foreclosed on.
>
> Arizona has an anti-deficiency statute for purchase money
> mortgages like California.
>
> Both the 1st and 2nd mortgage holder issued 1099s for cancellation
> of debt on the deficiency amounts and, therefore, I believe they
> cannot pursue the debtor for the deficiency (I might be wrong
> about that).
>
> Does anyone think that the above deficiency amounts would NOT be
> included in the unsecured debt limit calculations for Ch. 13 under
> 109(e)?
>
> --
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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.

The post was migrated from Yahoo.