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When to file 722 Motion
Glad to hear you don't have a deadline problem. To clarify for future reference, the restriction for motions to value collateral, 9013-1(o)(2)(M), is limited to those brought under 506.I don't see why you couldn't use it for 727 motions.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Tuesday, September 05:56 PM, GMAIL Webblaw@Gmail.com [cdcbaa] wrote:
Thanks Peter but, the motion to redeem is also a motion to value collateral, which requires a hearing. I found several sample cases on Judge Carrolls tentative docket from the past three years. All were noticed hearing. I found one case that had been closed three years, reopened and the property was redeemed. Which answered my question regarding the timing of the motion.
Best regards
Larry Webb
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
P 805.987.1400
F 805.987.2866
C 805.750.2150
The post was migrated from Yahoo.
I'm not sure about the deadline, but have you considered using 9013-1 procedure?
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Saturday, September 02:47 AM, GMAIL Webblaw@Gmail.com [cdcbaa] wrote:
Client has just obtained financing for a 722 vehicle redemption. Debtor can file before the stated intentions date, but the first available hearing date is more than 60 days after the 341. FRBP 6008 requires a motion, but does not instruct on when to file. For reaffirmations; FRBP4008 reads agreement shall be filed no later than 60 days after the first date set for 341
Is this a timing issue?
The reduction in payment is about 30%; so there is real benefit to the Debtor.
Best regards
Larry Webb
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
P 805.987.1400
F 805.987.2866
C 805.750.2150
The post was migrated from Yahoo.
Client has just obtained financing for a 722 vehicle redemption. Debtor can
file before the stated intentions date, but the first available hearing date
is more than 60 days after the 341. FRBP 6008 requires a motion, but does
not instruct on when to file. For reaffirmations; FRBP4008 reads "agreement
shall be filed no later than 60 days after the first date set for 341"
Is this a timing issue?
The reduction in payment is about 30%; so there is real benefit to the
Debtor.
Best regards
Larry Webb
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
P 805.987.1400
F 805.987.2866
C 805.750.2150
The post was migrated from Yahoo.