Central District Consumer Bankruptcy Attorney's Association

I would initially send them a letter requesting that they withdraw the
claim. If they do not, thereby forcing you to file the Objection, I would
seek attorneys fees.
M. Erik Clark
[image: BCLogoSmall]
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.blclaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
*From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
Of *sam@southbaybk.com
*Sent:* Wednesday, December 04, 2013 8:39 AM
*To:* cdcbaa@yahoogroups.com
*Subject:* [cdcbaa] RE: Proof of Claim past statute of limitations
I have an objection to 3 claims (same creditor) on statute of
limitations grounds that was recently granted by NB. I can email you the
file if you post your email address. I can't figure out how to obtain
direct email info off this list serve!

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To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
I've done it successfully without a debtor's declaration. Creditor usually
does not file a response, or they withdraw their claim.
Any chance objecting party can get a small attorneys fees award for a bad
faith proof of claim?
Connected by DROID on Verizon Wireless

The post was migrated from Yahoo.

Be sure and include Debtors dec stating he has not tendered payment on the debt for more than four years
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com
On Tue, 12/3/13, Mark Jessee wrote:
Subject: Re: [cdcbaa] Proof of Claim past statute of limitations
To: "cdcbaa@yahoogroups.com"
Date: Tuesday, December 3, 2013, 3:01 PM

Object away! Claim is time barred.
Mark Jessee
Sent from my iPhone
On Dec 3, 2013, at 2:38 PM, "Steven B. Lever"

wrote:

I have a Proof of Claim in a
Chapter 13 that by its own admission is for a debt with the
last payment more than 4 years before the case was
filed. Am I correct that this can be
objected to successfully on this basis? It would seem strange that the
bankruptcy court rehabilitates the legal enforceability of
the debt. Law Offices of Steven B.
Lever> > Steven B. Lever>(
Tel. (562) 436-5456
ext. 1>(
Fax (562)
485-6886>*

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I have objected to claims on this basis as Chapter 7 trustee. See case number 6:13-13264 MW

The post was migrated from Yahoo.

If this judgment is not enforceable outside of Chapter 13, it won't be
resurrected inside the 13. I would object to the claim.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Tue, Dec 3, 2013 at 2:38 PM, Steven B. Lever wrote:
>
>
> I have a Proof of Claim in a Chapter 13 that by its own admission is for a
> debt with the last payment more than 4 years before the case was filed.
>
>
>
> Am I correct that this can be objected to successfully on this basis?
>
>
>
> It would seem strange that the bankruptcy court rehabilitates the legal
> enforceability of the debt.
>
>
>
> Law Offices of Steven B. Lever
>
> >
>
> > Steven B. Lever
>
> >( Tel. (562) 436-5456 ext. 1
>
> >( Fax (562) 485-6886
>
> >* sblever@leverlaw.com
>
> > www.leverlaw.com
>
>
>
>
>
>
>
If this judgment is not enforceable outside of Chapter 13, it won't be resurrected inside the 13. I would object to the claim.
Sincerely, Michael AvanesianLaw Offices of David A. Tilem
On Tue, Dec 3, 2013 at 2:38 PM, Steven B. Lever <sblever@leverlaw.com> wrote:
I have a Proof of Claim in a Chapter 13 that by its own admission is for a debt with the last payment more than 4 years before the case was filed.
It would seem strange that the bankruptcy court rehabilitates the legal enforceability of the debt.

The post was migrated from Yahoo.

PS can you send the fee app that should go with it too? okay just
kidding...
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
PS can you send the fee app that should go with it too?
The post was migrated from Yahoo.

Anyone have one of these time-barred objections that I could turn into a
boilerplate that they wanna share with us?
Hope you are well and I want to wish you and your family a very happy
holiday season. If you need anything feel free to give me a call or email
me.
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
Anyone have one of these time-barred objections that I could turn into a boilerplate that they wanna share with us?
The post was migrated from Yahoo.

Object away! Claim is time barred.
Mark Jessee
Sent from my iPhone
On Dec 3, 2013, at 2:38 PM, "Steven B. Lever" wrote:
> I have a Proof of Claim in a Chapter 13 that by its own admission is for a debt with the last payment more than 4 years before the case was filed.
>
>
>
> Am I correct that this can be objected to successfully on this basis?
>
>
>
> It would seem strange that the bankruptcy court rehabilitates the legal enforceability of the debt.
>
>
>
> Law Offices of Steven B. Lever
>
> >
>
> > Steven B. Lever
>
> >( Tel. (562) 436-5456 ext. 1
>
> >( Fax (562) 485-6886
>
> >* sblever@leverlaw.com
>
> > www.leverlaw.com
>
>
>
>
>
>
I have a Proof of Claim in a Chapter 13 that by its own admission is for a debt with the last payment more than 4 years before the case was filed. Am I correct that this can be objected to successfully on this basis? It would seem strange that the bankruptcy court rehabilitates the legal enforceability of the debt. Law Offices of Steven B. Lever> > Steven B. Lever>( Tel. (562) 436-5456 ext. 1>( Fax (562) 485-6886>* sblever@leverlaw.com> www.leverlaw.com

The post was migrated from Yahoo.

I have a Proof of Claim in a Chapter 13 that by its own admission is for
a debt with the last payment more than 4 years before the case was
filed.
Am I correct that this can be objected to successfully on this basis?
It would seem strange that the bankruptcy court rehabilitates the legal
enforceability of the debt.
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com

The post was migrated from Yahoo.