Central District Consumer Bankruptcy Attorney's Association

By the way, Kirk, I believe there is a 9th Circuit case that says debtors have to pay a stripped down lien in full within the five year period (not just any arrearage), even though the original terms of the loan were longer than that - see In re Enewally, 368 F3d 1165 (9th Cir.), cert denied, 543 U.S. 1021 (2004). A 2nd Circuit case to the contrary is In re Bellamy, 962 F.2d 176 (2nd Cir. 1992).
Joseph E. Caceres, Esq.
Caceres & Shamash, LLP
8200 Wilshire Blvd., Suite 400
Beverly Hills, CA 90211
Tel: (310) 205-3400
Fax: (310) 878-8308
E-mail: jec@locs.com

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To: cdcbaa@yahoogroups.com
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Hi just out of curiosity whats your plan payment gonna be on that case?
Yes provided its paid over the 5 year plan in full.
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
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On Fri, Nov 1, 2013 at 11:45 PM, Kirk Brennan wrote:
>
>
> Brain block. Please help:
> Rental/investment property in chapter 13. Property is worth less than
> principal balance on 1st DOT (only one DOT).
> If motion to value is successful, does full amount due on new mortgage
> amount have to be paid in full during the plan?
>
> Thanks
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
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> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
Hi just out of curiosity whats your plan payment gonna be on that case?

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Yes provided its paid over the 5 year plan in full.
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept notice for *Ex
Parte* Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system.
On Fri, Nov 1, 2013 at 11:45 PM, Kirk Brennan wrote:
>
>
> Brain block. Please help:
> Rental/investment property in chapter 13. Property is worth less than
> principal balance on 1st DOT (only one DOT).
> If motion to value is successful, does full amount due on new mortgage
> amount have to be paid in full during the plan?
>
> Thanks
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
Yes provided its paid over the 5 year plan in full.
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Yes.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Fri, Nov 1, 2013 at 11:45 PM, Kirk Brennan wrote:
>
>
> Brain block. Please help:
> Rental/investment property in chapter 13. Property is worth less than
> principal balance on 1st DOT (only one DOT).
> If motion to value is successful, does full amount due on new mortgage
> amount have to be paid in full during the plan?
>
> Thanks
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
Yes.Sincerely, Michael AvanesianLaw Offices of David A. Tilemwww.tilemlaw.com
818-507-6000
On Fri, Nov 1, 2013 at 11:45 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
Brain block. Please help:Rental/investment property in chapter 13. Property is worth less than principal balance on 1st DOT (only one DOT). If motion to value is successful, does full amount due on new mortgage amount have to be paid in full during the plan?
Thanks-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.

The post was migrated from Yahoo.

Brain block. Please help:
Rental/investment property in chapter 13. Property is worth less than
principal balance on 1st DOT (only one DOT).
If motion to value is successful, does full amount due on new mortgage
amount have to be paid in full during the plan?
Thanks
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Brain block. Please help:Rental/investment property in chapter 13. Property is worth less than principal balance on 1st DOT (only one DOT). If motion to value is successful, does full amount due on new mortgage amount have to be paid in full during the plan?
Thanks-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.

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