Serving LA Housing Dept. per FRBP 7004
Posted: Mon Apr 29, 2013 6:14 pm
042913
Dear Group:
A hardship discharge in Chapter 13 is same scope as a Chapter 7 discharge.
CD CA form Order is ambiguous in its wording, where it says "Chapter 13
discharge", but I think the Court intended "Chapter 13 discharge" to mean
"full Ch 13 discharge", NOT "hardship discharge of same scope as ch 7
discharge", since we all know you can't lien strip in Chapter 7. Therefore,
my firm's best guess would be that if debtor does NOT complete ch 13 plan,
and instead gets a "hardship" discharge, that the lienstrip UNDOES. That's
what my firm warns my firm's clients; because that's what my firm thinks the
law is. Also, my firm warns clients that attempt to lienstrip in a ch 13
where debtor not eligible to receive ch 13 discharge may also not work,
because appellate case law may in future nix doing that. A client that is
warned is a client who has more trouble later claiming you didn't fully
inform client of the risks.
KPMarch
Kathleen P. March, Esq.
The Bankruptcy Law Firm, PC
10524 W. Pico Blvd, Suite 212
Los Angeles, CA 90064
Phone: 310-559-9224
Fax: 310-559-9133
E-mail: kmarch@BKYLAWFIRM.com
Website: www.BKYLAWFIRM.com
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Re: Serving LA Housing Dept. per FRBP 7004
042913
Dear Group:
A hardship discharge in Chapter 13 is same scope as a Chapter 7 discharge. CD CA form Order is ambiguous in its wording, where it says "Chapter 13 discharge", but I think the Court intended "Chapter 13 discharge" to mean "full Ch 13 discharge", NOT "hardship discharge of same scope as ch 7 discharge", since we all know you can't lien strip in Chapter 7. Therefore, my firm's best guess would be that if debtor does NOT complete ch 13 plan, and instead gets a "hardship" discharge, that the lienstrip UNDOES. That's what my firm warns my firm's clientsecause that's what my firm thinks the law is. Also, my firm warns clients that attempt to lienstrip in a ch 13 where debtor not eligible to receive ch 13 discharge may also not work, because appellate case law may in future nix doing that. A client that is warned is a client who has more trouble later claiming you didn't fully inform client of the risks.
KPMarch
Kathleen P. March, Esq.
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