Central District Consumer Bankruptcy Attorney's Association

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Thank you for the sage advice. I never considered the trustee angle.
Patricia Said.
Patricia Said
Attorney at Law
13443 McCormick Street
Sherman Oaks, CA 91401
(818)789-0781 fax (818)789-5820
patriciahsaid@yahoo.com
This electronic message contains information from the Law Office ofPatricia Said whichmay beprivileged and confidential.
The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Wednesday, August 7, 2013 10:01 AM
Subject: Re: [cdcbaa] Motion to disallow claim.
Patricia:
The banks don't do modifications through their bankruptcy counsel.
I would send the bankruptcy counsel, or if there is none, then look on the claim, there will be a person named as having filed the claim with and address and a phone number. Often these are the bankruptcy people in the bank. Send them a copy of the modification and ask for an amendment, you should get one.
Does the debtor need to be in a 13 after the loan is modified? Maybe a motion to dismiss, then negotiate directly with the unsecureds. I would be a little nervous about hiding the change in circumstances from the trustee. If the trustee finds out, the trustee will move to dismiss, or demand the client pay the unsecureds more, from the date of the mod, that could blow up your plan and make your client a little unhappy.
dDennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
On Aug 2, 2013, at 2:17 PM, Steve Smith wrote:
>1. Go ahead and file the Objection; 2. Also file an adversary complaint against the creditor, seeking return of any plan payments made by the Trustee to the estate, and seek attorney fees; then 3a. If the creditor doesn't return the funds, and doesn't file a response to the complaint; seek a default judgment and get an award of attorney fees; or 3b. If the creditor does return the funds in exchange for dismissing the adversary, file a supplemental fee application for the work done, and get paid by the Trustee out of the funds returned to the estate.
>
>
>--Steve Smith
>24011 Ventura Blvd., Suite 201
>Calabasas, CA 91302
>Tel-(818)347-1940 Fax-(818)347-1930 http://smythesworld.blogspot.com/
>
>
o: consumer bk group Sent: Fri, Aug 2, 2013 2:10 pm Subject: [cdcbaa] Motion to disallow claim.
>
>I also have a case where the bank modified the loan and thus no more arrears should be paid throught the plan. Despite numerous requeststo the bank's attorneys, no amended claim has been filed yet, even though the loan was modified two months ago. Whatincentive does the debtor have to pay attorney's fees to object to the proof of claim when, if the objection is sustaine, the plan payments will simply go to other creditors?Is my logic incorrect here?
>Pat Said.
>
>Patricia Said
>Attorney at Law
>13443 McCormick Street
>Sherman Oaks, CA 91401
>(818)789-0781 fax (818)789-5820
>patriciahsaid@yahoo.com
>
>
>This electronic message contains information from the Law Office ofPatricia Said whichmay beprivileged and confidential.>
>The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.

The post was migrated from Yahoo.

Patricia:
The banks don't do modifications through their bankruptcy counsel.
I would send the bankruptcy counsel, or if there is none, then look on the claim, there will be a person named as having filed the claim with and address and a phone number. Often these are the bankruptcy people in the bank. Send them a copy of the modification and ask for an amendment, you should get one.
Does the debtor need to be in a 13 after the loan is modified? Maybe a motion to dismiss, then negotiate directly with the unsecureds. I would be a little nervous about hiding the change in circumstances from the trustee. If the trustee finds out, the trustee will move to dismiss, or demand the client pay the unsecureds more, from the date of the mod, that could blow up your plan and make your client a little unhappy.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
On Aug 2, 2013, at 2:17 PM, Steve Smith wrote:
> 1. Go ahead and file the Objection; 2. Also file an adversary complaint against the creditor, seeking return of any plan payments made by the Trustee to the estate, and seek attorney fees; then 3a. If the creditor doesn't return the funds, and doesn't file a response to the complaint; seek a default judgment and get an award of attorney fees; or 3b. If the creditor does return the funds in exchange for dismissing the adversary, file a supplemental fee application for the work done, and get paid by the Trustee out of the funds returned to the estate.
>
>
> --Steve Smith
>
> 24011 Ventura Blvd., Suite 201
> Calabasas, CA 91302
> Tel-(818)347-1940
> Fax-(818)347-1930
> http://smythesworld.blogspot.com
>
>
> -----Original Message-----
> To: consumer bk group
> Sent: Fri, Aug 2, 2013 2:10 pm
> Subject: [cdcbaa] Motion to disallow claim.
>
>
> I also have a case where the bank modified the loan and thus no more arrears should be paid throught the plan. Despite numerous requests to the bank's attorneys, no amended claim has been filed yet, even though the loan was modified two months ago. What incentive does the debtor have to pay attorney's fees to object to the proof of claim when, if the objection is sustaine, the plan payments will simply go to other creditors? Is my logic incorrect here?
> Pat Said.
>
> Patricia Said
> Attorney at Law
> 13443 McCormick Street
> Sherman Oaks, CA 91401
> (818)789-0781 fax (818)789-5820
> patriciahsaid@yahoo.com
>
> This electronic message contains information from the Law Office of Patricia Said which may be privileged and confidential.
> The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.
>

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Seems like all payments over what is due should be applied to principal. So maybe what debtor wants to do is wait until right before discharge and have loan declared current and findings on principal balance
It would seem the ch 13 trustee should be notified of the loan mod and copied on ur communications to bank to adjust claim
Trustee has duty to unsecured creditors
Maybe letter from trustee to bank would resolve the issue without the debtor incurring attorney fees
On the other hand. Since the lender will receive less and the debtor is required to pay the same ur fees to object would be covered in the plan payments.
Sent from my iPhone
On Aug 2, 2013, at 2:05 PM, patricia said wrote:
> I also have a case where the bank modified the loan and thus no more arrears should be paid throught the plan. Despite numerous requests to the bank's attorneys, no amended claim has been filed yet, even though the loan was modified two months ago. What incentive does the debtor have to pay attorney's fees to object to the proof of claim when, if the objection is sustaine, the plan payments will simply go to other creditors? Is my logic incorrect here?
> Pat Said.
>
> Patricia Said
> Attorney at Law
> 13443 McCormick Street
> Sherman Oaks, CA 91401
> (818)789-0781 fax (818)789-5820
> patriciahsaid@yahoo.com
>
> This electronic message contains information from the Law Office of Patricia Said which may be privileged and confidential.
> The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.
>

The post was migrated from Yahoo.

1. Go ahead and file the Objection; 2. Also file an adversary complaint against the creditor, seeking return of any plan payments made by the Trustee to the estate, and seek attorney fees; then 3a. If the creditor doesn't return the funds, and doesn't file a response to the complaint; seek a default judgment and get an award of attorney fees; or 3b. If the creditor does return the funds in exchange for dismissing the adversary, file a supplemental fee application for the work done, and get paid by the Trustee out of the funds returned to the estate.
24011 Ventura Blvd., Suite 201
Calabasas, CA 91302
Tel-(818)347-1940
Fax-(818)347-1930
http://smythesworld.blogspot.com
To: consumer bk group
Sent: Fri, Aug 2, 2013 2:10 pm
Subject: [cdcbaa] Motion to disallow claim.
I also have a case where the bank modified the loan and thus no more arrears should be paid throught the plan. Despite numerous requests to the bank's attorneys, no amended claim has been filed yet, even though the loan was modified two months ago. What incentive does the debtor have to pay attorney's fees to object to the proof of claim when, if the objection is sustaine, the plan payments will simply go to other creditors? Is my logic incorrect here?
Pat Said.
Patricia Said
Attorney at Law
13443 McCormick Street
Sherman Oaks, CA 91401
(818)789-0781 fax (818)789-5820
patriciahsaid@yahoo.com
This electronic message contains information from the Law Office of Patricia Said which may be privileged and confidential.
The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.
1. Go ahead and file the Objection; 2. Also file an adversary complaint against the creditor, seeking return of any plan payments made by the Trustee to the estate, and seek attorney fees; then 3a. If the creditor doesn't return the funds, and doesn't file a response to the complaint; seek a default judgment and get an award of attorney fees; or 3b. If the creditor does return the funds in exchange for dismissing the adversary, file a supplemental fee application for the work done, and get paid by the Trustee out of the funds returned to the estate.
--Steve Smith
24011 Ventura Blvd., Suite 201
Calabasas, CA 91302
Tel-(818)347-1940
Fax-(818)347-1930
http://smythesworld.blogspot.com
To: consumer bk group <cdcbaa@yahoogroups.com>
Sent: Fri, Aug 2, 2013 2:10 pm
Subject: [cdcbaa] Motion to disallow claim.

The post was migrated from Yahoo.

I also have a case where the bank modified the loan and thus no more arrears should be paid throught the plan. Despite numerous requeststo the bank's attorneys, no amended claim has been filed yet, even though the loan was modified two months ago. Whatincentive does the debtor have to pay attorney's fees to object to the proof of claim when, if the objection is sustaine, the plan payments will simply go to other creditors?Is my logic incorrect here?
Pat Said.
Patricia Said
Attorney at Law
13443 McCormick Street
Sherman Oaks, CA 91401
(818)789-0781 fax (818)789-5820
patriciahsaid@yahoo.com
This electronic message contains information from the Law Office ofPatricia Said whichmay beprivileged and confidential.
The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.

The post was migrated from Yahoo.