Filing proof of claim by Debtor
Posted: Thu Jan 23, 2014 6:42 pm
The directions state that you can file a declaration as to why you don't have the documents. I suggest you send a QWR for the documents you need and then amend the proof of claim when you have the documents. The declaration attached to the first proof of claim should state that the QWR was sent, etc.
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 Thursday, January 23, 2014 3:21 PM, Mark J. Markus wrote:
You anticipated some of my questions. One thing I was concerned about, since this is a secured claim, are all the requirements for attaching breakdowns of the charges, etc. My client doesn't have any of that information. Can the debtor be sanctioned for filing insufficient supporting documentation to a creditor's proof of claim?
*************************
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)509-1460 (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
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On 1/23/2014 1:22 PM, Catherine Christiansen wrote:
>You can file the claim. Just fill it out and attach the
necessary documents. Sign as the Debtor's attorney. The only
hiccup comes with ECF filing. If you have a problem call ECF
and they will take the information and in a few days you will be
authorized to file the claim.
>Catherine.
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>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
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>On Thursday, January 23, 2014 10:25 AM, Mark J. Markus wrote:
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>Looks like I may have my first need/opportunity to invoke FRBP 3004 in a Chapter 13 case. A secured junior mortgage creditor, who is being paid in full through the plan (both an arrearage portion with interest and principal without interest) has not yet filed its claim and I want to make sure everything is treated correctly by the Trustee.
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>I've never filed a claim for the debtor on
behalf of a creditor before. Has anyone on
here done this? I'd like to ask some stupid
questions.
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>Thanks,
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>Mark
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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)509-1460 (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.
>
>
>
>
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