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Chapter 13 Addendum
Hi Nicholas,
Attached is a sample Motion for OSC that you may find useful. If you need
the Declaration and Exhibits let me know and I will email those as well.
On Sun, Sep 15, 2013 at 9:10 PM, Nicholas Gebelt wrote:
> **
>
>
> Dear Listserve members,****
>
> ** **
>
> I have a client in a confirmed Chapter 13 plan. He has a mortgage that is
> serviced by Seterus. Seterus refuses to send my client monthly statements
> as required in section (A)(1) of the approved Chapter 13 plan addendum. I
> want to file an OSC motion pursuant to section (B)(3) of the addendum.
> Heres the relevant chronology:****
>
> ** **
>
> I filed the papers on June 27.****
>
> ** **
>
> I served the plan on June 30. ****
>
> ** **
>
> My client complained that Seterus was not sending him postpetition
> statements, so on July 31 I called Seterus and asked them to resume sending
> him monthly statements. They told me they would not comply with the
> addendum. Therefore, on August 4 I faxed and mailed a detailed letter to
> them, with a copy of the addendum, asking them to resume sending
> statements. They did not comply with the request.****
>
> ** **
>
> Judge Klein entered the order on August 16.****
>
> ** **
>
> On August 16 I called Seterus. I told them of the order and asked them to
> resume sending the statements to my client. They said they would not.
> Therefore, on August 21 I faxed and mailed a detailed letter to them, with
> a copy of the addendum and the confirmation order, asking them to resume
> sending statements. They did not comply with the request.****
>
> ** **
>
> On August 28 I faxed Seterus an authorization permitting them to speak to
> my client. He then called them and asked them to resume sending him
> monthly statements. They said they would not.****
>
> ** **
>
> Section (B)(3) states:****
>
> ** **
>
> As a result of a Mortgage Creditors alleged non-compliance with this
> Addendum, the debtor may file a Motion for Order to Show Cause in
> compliance with Local Bankruptcy Rule 9020-1 *no earlier than sixty days
> after the Mortgage Creditors failure to comply with sections (A)* or
> (B). Before filing the motion, the debtor must make good faith attempts in
> writing to contact the Mortgage Creditor and to determine the cause of any
> non-compliance, and must indicate in the Motion for Order to Show Cause the
> good faith steps taken, together with a summary description of any response
> provided by the Mortgage Creditor.****
>
> ** **
>
> *My questions:* When does the sixty-day period begin? Is it on the
> filing day? Is it on the day I served the plan? Is it on the first
> postpetition date they would normally have sent a statement? Is it when I
> told them of the addendum, either by phone call, or by letter? Is it the
> day Judge Klein entered the confirmation order?****
>
> ** **
>
> There does not appear to be any case law on the question.****
>
> ** **
>
> *Nicholas Gebelt*
>
> ** **
>
> Nicholas Gebelt, Ph.D., J.D.****
>
> Attorney at Law****
>
> Certified Bankruptcy Law Specialist****
>
> ** **
>
> [image: Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0]****
>
> ** **
>
> Law Offices of Nicholas Gebelt****
>
> 15150 Hornell Street****
>
> Whittier, CA 90604****
>
> Phone: 562.777.9159****
>
> FAX: 562.946.1365****
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com****
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> Web: www.goodbye2debt.com****
>
> Blog: www.southerncaliforniabankruptcylawblog.com/****
>
> ** **
>
> *Important notice required by 11 U.S.C. 528:* We are a debt relief
> agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *jhayes@hayesbklaw.com
> *Sent:* Friday, September 13, 2013 12:49 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] cdcbaa Program September 21****
>
> ** **
>
> ****
>
> Ray Aver is going to do his very popular program on litigation on Sept 21
> - a week from tomorrow. Judge Ernest Robles will do the presentation with
> him. This should be great. They will spend a good amount of time dealing
> with contempt, i.e., "what do you do when the creditor won't stop trying to
> collect the debt."****
>
> ****
>
> On October 19, Judge Neil Bason will be doing a program with Brad Smith
> and maybe another judge on chapter 11 strategies. Judge Bason has taken
> the oar on redoing the chapter 11 Disclosure Statement and Plan FORMS which
> will be available soon. He called me and asked if we could give him a
> date. He will bring his own Status Conf Order which is pretty
> comprehensive and use it as a path to discuss what's going on in the
> chapter 11 world.****
>
> ****
>
> See you there. Jon ****
>
> ****
>
>
>
Kirk Brennan
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Hi Nicholas,Attached is a sample Motion for OSC that you may find useful. If you need the Declaration and Exhibits let me know and I will email those as well.
On Sun, Sep 15, 2013 at 9:10 PM, Nicholas Gebelt <ngebelt@gebeltlaw.com> wrote:
Dear Listserve members,
I have a client in a confirmed Chapter 13 plan. He has a mortgage that is serviced by Seterus. Seterus refuses to send my client monthly statements as required
in section (A)(1) of the approved Chapter 13 plan addendum. I want to file an OSC motion pursuant to section (B)(3) of the addendum. Heres the relevant chronology:
I filed the papers on June 27.
I served the plan on June 30.
My client complained that Seterus was not sending him postpetition statements, so on July 31 I called Seterus and asked them to resume sending him monthly statements.
They told me they would not comply with the addendum. Therefore, on August 4 I faxed and mailed a detailed letter to them, with a copy of the addendum, asking them to resume sending statements. They did not comply with the request.
Judge Klein entered the order on August 16.
On August 16 I called Seterus. I told them of the order and asked them to resume sending the statements to my client. They said they would not. Therefore,
on August 21 I faxed and mailed a detailed letter to them, with a copy of the addendum and the confirmation order, asking them to resume sending statements. They did not comply with the request.
On August 28 I faxed Seterus an authorization permitting them to speak to my client. He then called them and asked them to resume sending him monthly statements.
They said they would not.
Section (B)(3) states:
As a result of a Mortgage Creditors alleged non-compliance with this Addendum, the debtor may file a Motion for Order to Show Cause in compliance with Local Bankruptcy Rule 9020-1
no earlier than sixty days after the Mortgage Creditors failure to comply with sections (A) or (B). Before filing the motion, the debtor must make good faith attempts in writing to contact the Mortgage Creditor and to determine the cause of
any non-compliance, and must indicate in the Motion for Order to Show Cause the good faith steps taken, together with a summary description of any response provided by the Mortgage Creditor.
My questions: When does the sixty-day period begin? Is it on
the filing day? Is it on the day I served the plan? Is it on the first postpetition date they would normally have sent a statement? Is it when I told them of the addendum, either by phone call, or by letter? Is it the day Judge Klein entered the confirmation
order?
There does not appear to be any case law on the question.
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
The post was migrated from Yahoo.