Central District Consumer Bankruptcy Attorney's Association

Here is that case:
2:15-bk-22581-SK. In re Schell

The post was migrated from Yahoo.

I know this case. It was Mark Jessees case and I have the docket somewhere on my messy desk, because I was looking at it for a Chapter 20 I am currently involved with.
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail.

The post was migrated from Yahoo.

I recall there being a case that said that in a scenario where a
prior bankruptcy discharge was entered, the in personam liabilities
to creditors that were discharged are not required to received
payments in a subsequent Ch. 13 (or Ch. 11) plan.
For example: Debtor has a rental property which has a mortgage.
Debtor files Chapter 7 and receives a discharge. A few years later
debtor files a Chapter 11 and seeks to value the claim pursuant to
11 USC 506, into a secured and unsecured portion.
Does the Chapter 11 plan have to provide for the unsecured portion
of the claim? This makes a big difference as to whether the
absolute priority rule is implicated.
The case I'm thinking of would have been in a Chapter 13 I believe,
but maybe I'm hallucinating.
Anyone know?
*************************
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.