Central District Consumer Bankruptcy Attorney's Association

Just serve those entitled to electronic notice and the judge. The Court
sends out the notice to all the creditors. Once the debtor has completedmaking all payments under the plan, there are no more payments to make. I
usually file the declaration once the debtor has completed all payments and
completed the financial management course. I generally do not wait on theChapter 13 trustee.
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 8/12/2013 11:11:29 A.M. Pacific Daylight Time,
kirkinhermosa@gmail.com writes:
Thanks Mark.
With respect to "Debtors Certification of Compliance Under 11 USC 1328(a)
and Application for Entry of Discharge does that need to be served on all
creditors or just the judge? Neither 11 USC 1328, the Local Rules or theCourt Manual address the issue.
Also, LBR 3015-1 states that:
"When the chapter 13 trustee has completed payments under the plan and
all other plan provisions have been consummated, the clerk will give to
the debtor
and the debtors attorney (if any), a Notice of Requirement to File a
Debtors
Certification of Compliance Under 11 U.S.C. 1328 and Application for
Entry of
Discharge. Before any discharge may be entered, the debtor must comply
with the
requirements of the Certification of Compliance and file the certificationwith the
court."
What if the Debtor has made all plan payments but the trustee hasn't yet
filed the Notice? Should the debtor keep making plan payments until the
trustee issues the Notice? Should the Debtor go ahead and file the
certification?
Thank you,
On Fri, Aug 9, 2013 at 11:22 PM, Mark Jessee wrote:
For final order on Lam motion, You need to wait for the discharge to be entered then file local form F4003.24d declaration re debtor's motion to avoid jr lien on principal residence. Its a supplemental declaration to the
already granted Lam motion. The instructions under the caption are nonsense,
so ignore them. Immediately lodge the order form F4003.24O order re Motion
to Avoid lien on principal Residence after discharge.
Sent from my iPhone
On Aug 9, 2013, at 7:57 PM, Kirk Brennan wrote:
My first chapter 13 case is nearing completion.
I would like to make sure I am doing everything I need to to properly
conclude the case.
I understand the Debtors Certification of Compliance Under 11 USCleted and filed.
But what about the final order on the lien avoidance (Lam) motion. How isthat obtained? Does it matter whether it is filed before or after the
Debtors Certification of Compliance Under 11 USC 1328(a)?
Any other helpful tips for successfully closing out a chapter 13 case?
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not the
intended recipient, please do not read, distribute or take action in reliance
on this message. If you have received this message in error, please notifyus immediately by return e-mail and promptly delete this message and its
attachments from your computer system. We do not waive attorney-client or work
product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may notbe used to establish reasonable reliance on the opinion of counsel for thepurpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not the
intended recipient, please do not read, distribute or take action in reliance
on this message. If you have received this message in error, please notify us
immediately by return e-mail and promptly delete this message and its
attachments from your computer system. We do not waive attorney-client or work
product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may notbe used to establish reasonable reliance on the opinion of counsel for thepurpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Just serve those entitled to electronic notice and the judge. The
Court sends out the notice to all the creditors. Once the debtor hascompleted making all payments under the plan, there are no more payments tomake. I usually file the declaration once the debtor has
completed all payments and completed the financial management course. I
generally do not wait on the Chapter 13 trustee.

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 8/12/2013 11:11:29 A.M. Pacific Daylight Time,
kirkinhermosa@gmail.com writes:







Thanks Mark.With respect to "Debtors Certification of Compliance Under 11 USC 1328(a) and Application for
Entry of Discharge does that need to be served on all creditors or just the
judge? Neither 11 USC 1328, the Local Rules or the Court Manual address
the issue.Also, LBR 3015-1
states that: "When the chapter 13 trustee has completed payments under the
plan andall other plan provisions have been consummated, the clerk will
give to the debtorand the debtors attorney (if any), a Notice of
Requirement to File a DebtorsCertification of Compliance Under 11 U.S.C.
1328 and Application for Entry ofDischarge. Before any discharge may be
entered, the debtor must comply with therequirements of the Certification
of Compliance and file the certification with
thecourt."What if the
Debtor has made all plan payments but the trustee hasn't yet filed the
Notice? Should the debtor keep making plan payments until the trustee
issues the Notice? Should the Debtor go ahead and file the
certification?Thank you,



On Fri, Aug 9, 2013 at 11:22 PM, Mark Jessee <jesseelaw@aol.com> wrote:






For final order on Lam motion, You need to wait for the discharge to be
entered then file local form F4003.24d declaration re debtor's motion to
avoid jr lien on principal residence. Its a supplemental declaration
to the already granted Lam motion. The instructions under the caption are
nonsense, so ignore them. Immediately lodge the order form F4003.24O
order re Motion to Avoid lien on principal Residence after
discharge.Sent from my iPhone


On Aug 9, 2013, at 7:57 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:





My first chapter 13 case is nearing completion.I would like to
make sure I am doing everything I need to to properly conclude the
case.
I understand the Debtors Certification
of Compliance Under 11 USC 1328(a) and Application for Entry of Discharge must be completed and filed.
But what about the final order on the
lien avoidance (Lam) motion. How is that obtained? Does it
matter whether it is filed before or after the Debtors Certification of
Compliance Under 11 USC 1328(a)?

Any other helpful tips for successfully
closing out a chapter 13 case?


--
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for
the exclusive and confidential use of the intended recipient. If you are
not the intended recipient, please do not read, distribute or take action
in reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this message. TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular
230 and may not be used to establish reasonable reliance on the opinion of
counsel for the purpose of avoiding the penalty imposed by Section 6662A
of the Internal Revenue Code. The firm provides reliance opinions only in
formal opinion letters containing the signature of a director.



--
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not the
intended recipient, please do not read, distribute or take action in reliance
on this message. If you have received this message in error, please notify us
immediately by return e-mail and promptly delete this message and its
attachments from your computer system. We do not waive attorney-client or work
product privilege by the transmission of this message. TAX ADVICE NOTICE:
Tax advice, if any, contained in this e-mail does not constitute a "reliance
opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the
penalty imposed by Section 6662A of the Internal Revenue Code. The firm
provides reliance opinions only in formal opinion letters containing the signature of a director.

The post was migrated from Yahoo.

Thanks Mark.
With respect to "Debtors Certification of Compliance Under 11 USC 1328(a)
and Application for Entry of Discharge does that need to be served on all
creditors or just the judge? Neither 11 USC 1328, the Local Rules or the
Court Manual address the issue.
Also, LBR 3015-1 states that:
"When the chapter 13 trustee has completed payments under the plan and
all other plan provisions have been consummated, the clerk will give to the
debtor
and the debtors attorney (if any), a Notice of Requirement to File a
Debtors
Certification of Compliance Under 11 U.S.C. 1328 and Application for
Entry of
Discharge. Before any discharge may be entered, the debtor must comply with
the
requirements of the Certification of Compliance and file the certification
with the
court."
What if the Debtor has made all plan payments but the trustee hasn't yet
filed the Notice? Should the debtor keep making plan payments until the
trustee issues the Notice? Should the Debtor go ahead and file the
certification?
Thank you,
On Fri, Aug 9, 2013 at 11:22 PM, Mark Jessee wrote:
> **
>
>
> For final order on Lam motion, You need to wait for the discharge to be
> entered then file local form F4003.24d declaration re debtor's motion to
> avoid jr lien on principal residence. Its a supplemental declaration to
> the already granted Lam motion. The instructions under the caption are
> nonsense, so ignore them. Immediately lodge the order form F4003.24O order
> re Motion to Avoid lien on principal Residence after discharge.
>
> Sent from my iPhone
>
> On Aug 9, 2013, at 7:57 PM, Kirk Brennan wrote:
>
>
>
> My first chapter 13 case is nearing completion.
> I would like to make sure I am doing everything I need to to properly
> conclude the case.
> I understand the Debtors Certification of Compliance Under 11 USC
> 1328(a) and Application for Entry of Discharge must be completed and
> filed.
>
> But what about the final order on the lien avoidance (Lam) motion. How is
> that obtained? Does it matter whether it is filed before or after the
> Debtors Certification of Compliance Under 11 USC 1328(a)?
>
> Any other helpful tips for successfully closing out a chapter 13 case?
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Thanks Mark.With respect to "Debtors Certification of Compliance Under 11 USC 1328(a) and Application for Entry of
Discharge does that need to be served on all creditors or just the judge? Neither 11 USC 1328, the Local Rules or the Court Manual address the issue.Also, LBR 3015-1 states that:
"When the chapter 13 trustee has completed payments under the plan andall other plan provisions have been consummated, the clerk will give to the debtorand the debtors attorney (if any), a Notice of Requirement to File a Debtors
Certification of Compliance Under 11 U.S.C. 1328 and Application for Entry ofDischarge. Before any discharge may be entered, the debtor must comply with therequirements of the Certification of Compliance and file the certification with the
court."What if the Debtor has made all plan payments but the trustee hasn't yet filed the Notice? Should the debtor keep making plan payments until the trustee issues the Notice? Should the Debtor go ahead and file the certification?
Thank you,
On Fri, Aug 9, 2013 at 11:22 PM, Mark Jessee <jesseelaw@aol.com> wrote:
For final order on Lam motion, You need to wait for the discharge to be entered then file local form F4003.24d declaration re debtor's motion to avoid jr lien on principal residence. Its a supplemental declaration to the already granted Lam motion. The instructions under the caption are nonsense, so ignore them. Immediately lodge the order form F4003.24O order re Motion to Avoid lien on principal Residence after discharge.
Sent from my iPhoneOn Aug 9, 2013, at 7:57 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
My first chapter 13 case is nearing completion.I would like to make sure I am doing everything I need to to properly conclude the case.I understand the Debtors
Certification of Compliance Under 11 USC 1328(a) and Application for Entry of
Discharge must be completed and filed.But what about the final order on the lien avoidance (Lam) motion. How is that obtained? Does it matter whether it is filed before or after the Debtors Certification of Compliance Under 11 USC 1328(a)?
Any other helpful tips for successfully closing out a chapter 13 case?
-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.

The post was migrated from Yahoo.

For final order on Lam motion, You need to wait for the discharge to be entered then file local form F4003.24d declaration re debtor's motion to avoid jr lien on principal residence. Its a supplemental declaration to the already granted Lam motion. The instructions under the caption are nonsense, so ignore them. Immediately lodge the order form F4003.24O order re Motion to Avoid lien on principal Residence after discharge.
Sent from my iPhone
On Aug 9, 2013, at 7:57 PM, Kirk Brennan wrote:
> My first chapter 13 case is nearing completion.
> I would like to make sure I am doing everything I need to to properly conclude the case.
> I understand the Debtors Certification of Compliance Under 11 USC 1328(a) and Application for Entry of Discharge must be completed and filed.
>
> But what about the final order on the lien avoidance (Lam) motion. How is that obtained? Does it matter whether it is filed before or after the Debtors Certification of Compliance Under 11 USC 1328(a)?
>
> Any other helpful tips for successfully closing out a chapter 13 case?
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>

The post was migrated from Yahoo.

My first chapter 13 case is nearing completion.
I would like to make sure I am doing everything I need to to properly
conclude the case.
I understand the Debtors Certification of Compliance Under 11 USC 1328(a)
and Application for Entry of Discharge must be completed and filed.
But what about the final order on the lien avoidance (Lam) motion. How is
that obtained? Does it matter whether it is filed before or after the
Debtors Certification of Compliance Under 11 USC 1328(a)?
Any other helpful tips for successfully closing out a chapter 13 case?
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
My first chapter 13 case is nearing completion.I would like to make sure I am doing everything I need to to properly conclude the case.I understand the
The post was migrated from Yahoo.