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debtor's Chapter 7 trustee wants assets....bad petiti=
Got it. Debtor's Discharge was entered 8 days ago and current status shows
"awaiting closing."
Thus, per Mark Markus, I can simply go in an file Amended Schedules.
Thanks so much for all your help! Another debtor will be saved from the
dreaded BPP!!!
Christine
On Mon, Jul 15, 2013 at 11:00 PM, Jason Wallach wrote:
> **
>
>
> Are you sure the case is closed? Discharge doesn't result in closing a
> Chapter 7 unless trustee files a "no distribution report". And trustee
> can't sell the house unless the case is open or reopened.
> If the debtor is entitled to a homestead or other exemption on the home,
> you can amend the exemptions at any time if the case is open, and you can
> reopen the case to amend the exemptions i.e. to "afford relief to the
> debtor".
> If there is too much equity and the case should have been filed as a 13,
> you can convert the case at any time as a matter of right 706(a).
> Jason
>
> Jason Wallach
> Gladstone Michel Weisberg Willner & Sloane, ALC
> 4551 Glencoe Avenue, Suite 300
> Marina del Rey CA 90292
> (310) 821-9000
> www.gladstonemichel.com
> jwallach@gladstonemichel.com
>
>
>
> On Jul 15, 2013, at 7:36 PM, Attorneychristine wrote:
>
>
>
> Already got a discharge.
>
> Sent from my iPad
> Christine Wilton
> 12650 Hoover Street
> Garden Grove, CA 92841
> Tel: 877-631-2220
> Blog: www.losangelesbankruptcylawmonitor.com
>
> On Jul 15, 2013, at 1:42 PM, "Leventhal Law Group, P.C."
> wrote:
>
>
>
> Maybe convert to a 13?
>
> Jonathan D. Leventhal, Esq.
> Leventhal Law Group, P. C.818.347.5800
>
>
> ----- Original Message -----
> To: "cdcbaa@yahoogroups.com"
> Sent: 07/15/2013 1:28 PM
> Subject: [cdcbaa] debtor's Chapter 7 trustee wants assets....bad petition preparer
>
>
>
>
>
> Debtor hired bad petition preparer who failed to properly exempt debtor's
> home. Now, after 341 and Discharge, trustee is coming after the house.
>
> Can I simply move to reopen the case solely to amend schedules? Any other
> possible fixes here?
>
> Thanks
>
> --
> Christine A. Wilton, Esq.
> Law Office of Christine A. Wilton
>
> *Our New Office Location:
> 12650 Hoover Street
> Garden Grove, CA 92841*
>
> *Mailing:*
> 4067 Hardwick Street, Suite 335
> Lakewood, CA 90712
>
> Office: 877-631-2220
> Cell: 562-824-7563
> Fax: 1-636-212-7078
> Email: attorneychristine@gmail.com
> Web: www.attorneychristine.com
> Blog: www.losangelesbankruptcylawmonitor.com
> ***************************
> Confidentiality and Privilege. This e-mail message, including attachments,
> is intended solely for review by the intended recipient(s) and may contain
> confidential and privileged information. Any unauthorized review, use,
> disclosure, or distribution is prohibited. Review by anyone other than the
> intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
> PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
> communication. If you are not the intended recipient, please contact the
> sender by return e-mail and destroy all copies of the original message.
>
> Tax Advice Disclosure. Any tax information or written tax advice contained
> in this email message, including attachments, is not intended to and cannot
> be used by any taxpayer for the purpose of avoiding tax penalties that may
> be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
> to U.S. Treasury Regulations governing tax practice.)
>
>
>
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
*Our New Office Location:
12650 Hoover Street
Garden Grove, CA 92841*
*Mailing:*
4067 Hardwick Street, Suite 335
Lakewood, CA 90712
Office: 877-631-2220
Cell: 562-824-7563
Fax: 1-636-212-7078
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments,
is intended solely for review by the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than the
intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
communication. If you are not the intended recipient, please contact the
sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained
in this email message, including attachments, is not intended to and cannot
be used by any taxpayer for the purpose of avoiding tax penalties that may
be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
to U.S. Treasury Regulations governing tax practice.)
Got it. Debtor's Discharge was entered 8 days ago and current status shows "awaiting closing."Thus, per Mark Markus, I can simply go in an file Amended Schedules.Thanks so much for all your help! Another debtor will be saved from the dreaded BPP!!!
ChristineOn Mon, Jul 15, 2013 at 11:00 PM, Jason Wallach <jwallach@gladstonemichel.com> wrote:
Are you sure the case is closed? Discharge doesn't result in closing a Chapter 7 unless trustee files a "no distribution report". And trustee can't sell the house unless the case is open or reopened.
If the debtor is entitled to a homestead or other exemption on the home, you can amend the exemptions at any time if the case is open, and you can reopen the case to amend the exemptions i.e. to "afford relief to the debtor".
If there is too much equity and the case should have been filed as a 13, you can convert the case at any time as a matter of right 706(a).Jason
The post was migrated from Yahoo.
All I have Pat is a Notice of Assets filed by Trustee on 05/14/2013. Then,
no action taken, followed by the Discharge Order.
Now, debtor receives a letter post discharge from trustee wanting the
house. PC is coming in tomorrow with all papers.
Christine
On Mon, Jul 15, 2013 at 7:50 PM, wrote:
> **
>
>
> ** Is trustee threatening to reopen?
> Pat Green
> Sent from my Verizon Wireless BlackBerry
> ------------------------------
> *Sender: * cdcbaa@yahoogroups.com
> *Date: *Mon, 15 Jul 2013 19:36:05 -0700
> *To: *cdcbaa@yahoogroups.com
> *ReplyTo: * cdcbaa@yahoogroups.com
> *Subject: *Re: [cdcbaa] debtor's Chapter 7 trustee wants assets....bad
> petition preparer
>
>
>
> Already got a discharge.
>
> Sent from my iPad
> Christine Wilton
> 12650 Hoover Street
> Garden Grove, CA 92841
> Tel: 877-631-2220
> Blog: www.losangelesbankruptcylawmonitor.com
>
> On Jul 15, 2013, at 1:42 PM, "Leventhal Law Group, P.C."
> wrote:
>
>
>
> Maybe convert to a 13?
>
> Jonathan D. Leventhal, Esq.
> Leventhal Law Group, P. C.818.347.5800
>
>
> ----- Original Message -----
> To: "cdcbaa@yahoogroups.com"
> Sent: 07/15/2013 1:28 PM
> Subject: [cdcbaa] debtor's Chapter 7 trustee wants assets....bad petition preparer
>
>
>
>
>
> Debtor hired bad petition preparer who failed to properly exempt debtor's
> home. Now, after 341 and Discharge, trustee is coming after the house.
>
> Can I simply move to reopen the case solely to amend schedules? Any other
> possible fixes here?
>
> Thanks
>
> --
> Christine A. Wilton, Esq.
> Law Office of Christine A. Wilton
>
> *Our New Office Location:
> 12650 Hoover Street
> Garden Grove, CA 92841*
>
> *Mailing:*
> 4067 Hardwick Street, Suite 335
> Lakewood, CA 90712
>
> Office: 877-631-2220
> Cell: 562-824-7563
> Fax: 1-636-212-7078
> Email: attorneychristine@gmail.com
> Web: www.attorneychristine.com
> Blog: www.losangelesbankruptcylawmonitor.com
> ***************************
> Confidentiality and Privilege. This e-mail message, including attachments,
> is intended solely for review by the intended recipient(s) and may contain
> confidential and privileged information. Any unauthorized review, use,
> disclosure, or distribution is prohibited. Review by anyone other than the
> intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
> PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
> communication. If you are not the intended recipient, please contact the
> sender by return e-mail and destroy all copies of the original message.
>
> Tax Advice Disclosure. Any tax information or written tax advice contained
> in this email message, including attachments, is not intended to and cannot
> be used by any taxpayer for the purpose of avoiding tax penalties that may
> be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
> to U.S. Treasury Regulations governing tax practice.)
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
*Our New Office Location:
12650 Hoover Street
Garden Grove, CA 92841*
*Mailing:*
4067 Hardwick Street, Suite 335
Lakewood, CA 90712
Office: 877-631-2220
Cell: 562-824-7563
Fax: 1-636-212-7078
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments,
is intended solely for review by the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than the
intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
communication. If you are not the intended recipient, please contact the
sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained
in this email message, including attachments, is not intended to and cannot
be used by any taxpayer for the purpose of avoiding tax penalties that may
be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
to U.S. Treasury Regulations governing tax practice.)
All I have Pat is a Notice of Assets filed by Trustee on 05/14/2013. Then, no action taken, followed by the Discharge Order.Now, debtor receives a letter post discharge from trustee wanting the house. PC is coming in tomorrow with all papers.
ChristineOn Mon, Jul 15, 2013 at 7:50 PM, <
The post was migrated from Yahoo.