Revoking Discharge after Conversion to 13
Posted: Tue Jan 26, 2016 8:26 pm
Why do you say there would be nothing to pay in the Chapter 13 if the
discharge order were to stand? It's still the same case. It's been 15 years
since I had a case like this, and had to research the issue but Judge Riblet
granted a motion to convert from Chapter 7 to 13 3 weeks after discharge
and specifically delineated in her order that revocation of the dischargewas not necessary. I recall a citation being provided but I long since
shredded the file and it does not appear the order can retrieved from Pacer. The
case was In Re Arnold 9:00-bk-13214-RR
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 1/26/2016 5:39:24 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
The discharge needs to be vacated because there would be nothing to pay inthe Chapter 13 after conversion if the discharge order were to stand. Im thinking the court may do it automatically without a motion.
The reason I asked this is because I thought I was going to not be able tosettle with the Chapter 7 Trustee in an asset case. I made many offers
after the Trustee responded, but they never took me up on oneor even paid
attention or communicated. Then I saw a Request for Special Notice from an
attorney who is a Trustee as well and I know that they were going to wantthe attorney employed in the case, which to me signaled an impasse if not an
outright fight with a possible community property tracing.
So I wanted to convert to Chapter 13 way after the discharge was entered
in this case that has been pending 9-10 months.
I may have jumped the gun though, as its possible the attorney for the
Trustee will finally communicate and work out a settlement after all. Sent: Tuesday, January 26, 2016 3:57 PM
To: Cdcbaa Yahoo Listserv
Subject: Re: [cdcbaa] Re: Revoking Discharge after Conversion to 13
Do you need a chapter 13 discharge (e.g. for divorce property
settlements)?
If not, I don't see the point in vacating the discharge.
On Jan 26, 2016 3:52 PM, "Michael Avanesian _michael@avanesianlaw.com_
(mailto:michael@avanesianlaw.com) [cdcbaa]" wrote:
Why does the discharge need to be vacated? I did not understand that part.
Sincerely,
Michael Avanesian, Esq.
Avanesian Law Firm
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: _818.276.2477_ (tel:818.276.2477) | Fax: _818.208.4550_
(tel:818.208.4550)
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On Tue, Jan 26, 2016 at 3:40 PM, _sam@southbaybk.com_
(mailto:sam@southbaybk.com) [cdcbaa] wrote:
Steve - did anyone email you on this or pick up the thread? I have the
same situation and am looking for some perspective.
Why do you say there would be nothing to pay in the Chapter 13 if thedischarge order were to stand? It's still the same case. It's
been 15 years since I had a case like this, and had to research the
issue but Judge Riblet granted a motion to convert from Chapter 7 to 13
3 weeks after discharge and specifically delineated in her order thatrevocation of the discharge was not necessary. I recall a citation being
provided but I long since shredded the file and it does not appear theorder can retrieved from Pacer. The case was In Re Arnold
9:00-bk-13214-RR
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 1/26/2016 5:39:24 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
The discharge needs to be
vacated because there would be nothing to pay in the Chapter 13 after
conversion if the discharge order were to stand.
Im thinking the court may do
it automatically without a motion.
The reason I asked this is
because I thought I was going to not be able to settle with the Chapter 7 Trustee in an asset case. I made many offers after the Trustee
responded, but they never took me up on oneor even paid attention or
communicated. Then I saw a Request for Special Notice from an attorney
who is a Trustee as well and I know that they were going to want the attorney
employed in the case, which to me signaled an impasse if not an outright fight
with a possible community property tracing.
So I wanted to convert to
Chapter 13 way after the discharge was entered in this case that has been pending 9-10 months.
I may have jumped the gun
though, as its possible the attorney for the Trustee will finally communicate
and work out a settlement after all.
From:
cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] Sent:
Tuesday, January 26, 2016 3:57 PMTo: Cdcbaa Yahoo Listserv
<cdcbaa@yahoogroups.com>Subject: Re: [cdcbaa] Re: Revoking
Discharge after Conversion to 13
Do you need a chapter 13 discharge (e.g. for divorce property
settlements)?If not, I don't see the point in vacating the
discharge.
On Jan 26, 2016 3:52 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]"
<
The post was migrated from Yahoo.