Central District Consumer Bankruptcy Attorney's Association

See In re Shamus Holdings, 642 F.3d at 267
Morton v. Natl Bank of N.Y.C. (In re Morton), 866 F.2d 561, 566 (2d Cir. 1
989)
These cases may have some cites.
Good Luck starts with a strategy and a plan. The time is now to lower 2013taxes.
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Tax Relief Lawyer. Former financial auditor and controller. Admitted to USTax Court, Income Tax, IRS representation, Fiduciary income tax returns,
Estate and Gift tax returns,
In a message dated 9/24/2013 10:57:39 A.M. Pacific Daylight Time,
bankruptcy@gmail.com writes:
So if it were a Chapter 7 bankruptcy case and the SOL expired during the
pendency of the stay then the creditor would have 30 days after termination
of the stay to file suit.
The issue remains as to whether Chapter 13 payments constitute voluntary payments that extend the SOL.
Off I go, and will report back.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people in the Los Angeles area and New York City get smart
solutions to their bill problems.
_http://www.ConsumerHelpCentral.com_ (http://www.consumerhelpcentral.com/)
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
1430 Broadway Ste 1802
New York NY 10018-3354
T: 626-808-4343 x704
E: _jay@sflawca.com_ (mailto:jay@sflawca.com)
Email isn't secure, so it's not confidential. By communicating with me byemail, you understand that it's not confidential.
On Tue, Sep 24, 2013 at 10:47 AM, wrote:
If it stems from a trust deed C.C.P. Section 336(a) applies and it is a 6year SOL.
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 9/24/2013 10:33:05 A.M. Pacific Daylight Time,
_sam@southbaybk.com_ (mailto:sam@southbaybk.com) writes:
I assume it is not a 4 year SOL - or you would not have to use 108(c) -
correct? So if you are arguing that the SOL expired during the case and the
creditor failed to commence suit within 30 days after the dismissal, try the
5th circuit case of Rogers v. Corrosion Products, 42 F.3d 292 (1995).
wrote:
I've got a debtor who was watching a collection SOL run out on a
promissory note. He was at 5 years, then filed a Chapter 13. Case was
dismissed 2 years into the Plan. 6 months later, the creditor
(listed, filed POC, was being paid by trustee) sued him.
I'm mounting a defense based on SOL and need something indicating the
effect of 108(c).
Anyone? I've got the Code, just need some case law to buttress my
position.
Thanks.
Jay
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people in the Los Angeles area and New York City get smart
solutions to their bill problems.
_http://www.ConsumerHelpCentral.com_ (http://www.consumerhelpcentral.com/)
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
1430 Broadway Ste 1802
New York NY 10018-3354
T: _626-808-4343 x704_ (tel:626-808-4343%20x704)
E: _jay@..._ (mailto:jay@...)
Email isn't secure, so it's not confidential. By communicating with
me by email, you understand that it's not confidential.
See In re Shamus Holdings, 642 F.3d at 267
Morton v. Natl Bank of N.Y.C. (In re Morton), 866 F.2d 561, 566 (2d
Cir. 1989)
These cases may have some cites.
Good Luck starts with a strategy and a plan. The time is
now to lower 2013 taxes.

Robert J. Suhajda,
MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA
90701
562-924-8922


Tax Relief Lawyer. Former financial auditor and
controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary
income tax returns, Estate and Gift tax returns,

In a message dated 9/24/2013 10:57:39 A.M. Pacific Daylight Time,
bankruptcy@gmail.com writes:



So if it were a Chapter 7 bankruptcy case and the SOL expired
during the pendency of the stay then the creditor would have 30 days after
termination of the stay to file suit.

The issue remains as to whether Chapter 13 payments constitute voluntary
payments that extend the SOL.

Off I go, and will report back.


-------------
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP

I help people in the Los Angeles area and New York City get smart
solutions to their bill problems.


The post was migrated from Yahoo.

So if it were a Chapter 7 bankruptcy case and the SOL expired during the
pendency of the stay then the creditor would have 30 days after termination
of the stay to file suit.
The issue remains as to whether Chapter 13 payments constitute voluntary
payments that extend the SOL.
Off I go, and will report back.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people in the Los Angeles area and New York City get smart solutions
to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
1430 Broadway Ste 1802
New York NY 10018-3354
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with me by
email, you understand that it's not confidential.
On Tue, Sep 24, 2013 at 10:47 AM, wrote:
> **
>
>
> **
> If it stems from a trust deed C.C.P. Section 336(a) applies and it is a 6
> year SOL.
>
> 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 9/24/2013 10:33:05 A.M. Pacific Daylight Time,
> sam@southbaybk.com writes:
>
>
>
> I assume it is not a 4 year SOL - or you would not have to use 108(c) -
> correct? So if you are arguing that the SOL expired during the case and
> the creditor failed to commence suit within 30 days after the dismissal,
> try the 5th circuit case of Rogers v. Corrosion Products, 42 F.3d 292
> (1995).
>
>
> ---In cdcbaa@yahoogroups.com, wrote:
>
> I've got a debtor who was watching a collection SOL run out on a
> promissory note. He was at 5 years, then filed a Chapter 13. Case was
> dismissed 2 years into the Plan. 6 months later, the creditor
> (listed, filed POC, was being paid by trustee) sued him.
>
> I'm mounting a defense based on SOL and need something indicating the
> effect of 108(c).
>
> Anyone? I've got the Code, just need some case law to buttress my position.
>
> Thanks.
>
> Jay
>
> -------------
> Jay S. Fleischman, Esq.
> Shaev & Fleischman, LLP
>
> I help people in the Los Angeles area and New York City get smart
> solutions to their bill problems.
>
> http://www.ConsumerHelpCentral.com
>
> 556 S Fair Oaks Ave Ste 101-152
> Pasadena CA 91105-2656
>
> 1430 Broadway Ste 1802
> New York NY 10018-3354
>
> T: 626-808-4343 x704
> E: jay@...
>
>
> Email isn't secure, so it's not confidential. By communicating with
> me by email, you understand that it's not confidential.
>
>
>
So if it were a Chapter 7 bankruptcy case and the SOL expired during the pendency of the stay then the creditor would have 30 days after termination of the stay to file suit.The issue remains as to whether Chapter 13 payments constitute voluntary payments that extend the SOL.
Off I go, and will report back.-------------Jay S. Fleischman, Esq.Shaev & Fleischman, LLPI help people in the Los Angeles area and New York City get smart solutions to their bill problems.
http://www.ConsumerHelpCentral.com556 S Fair Oaks Ave Ste 101-152Pasadena CA 91105-26561430 Broadway Ste 1802
New York NY 10018-3354T: 626-808-4343 x704E: jay@sflawca.com
The post was migrated from Yahoo.

If it stems from a trust deed C.C.P. Section 336(a) applies and it is a 6year SOL.
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 9/24/2013 10:33:05 A.M. Pacific Daylight Time,
sam@southbaybk.com writes:
I assume it is not a 4 year SOL - or you would not have to use 108(c) -
correct? So if you are arguing that the SOL expired during the case and the
creditor failed to commence suit within 30 days after the dismissal, try the
5th circuit case of Rogers v. Corrosion Products, 42 F.3d 292 (1995).
I've got a debtor who was watching a collection SOL run out on a
promissory note. He was at 5 years, then filed a Chapter 13. Case was
dismissed 2 years into the Plan. 6 months later, the creditor
(listed, filed POC, was being paid by trustee) sued him.
I'm mounting a defense based on SOL and need something indicating the
effect of 108(c).
Anyone? I've got the Code, just need some case law to buttress my
position.
Thanks.
Jay
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people in the Los Angeles area and New York City get smart
solutions to their bill problems.
_http://www.ConsumerHelpCentral.com_ (http://www.consumerhelpcentral.com/)
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
1430 Broadway Ste 1802
New York NY 10018-3354
T: 626-808-4343 x704
E: _jay@..._ (mailto:jay@...)
Email isn't secure, so it's not confidential. By communicating with
me by email, you understand that it's not confidential.
If it stems from a trust deed C.C.P. Section 336(a) applies and it is
a 6 year SOL.

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 9/24/2013 10:33:05 A.M. Pacific Daylight Time,
sam@southbaybk.com writes:



I assume it is not a 4 year SOL - or you would not have to use 108(c)
- correct? So if you are arguing that the SOL
expired during the case and the creditor failed to commence suit within
30 days after the dismissal, try the 5th circuit case of Rogers v. Corrosion
Products, 42 F.3d 292 (1995).
---In cdcbaa@yahoogroups.com,
<cdcbaa@yahoogroups.com> wrote:
I've got a debtor who was watching a collection
SOL run out on apromissory note. He was at 5 years, then filed a Chapter
13. Case wasdismissed 2 years into the Plan. 6 months later, the
creditor(listed, filed POC, was being paid by trustee) sued
him.I'm mounting a defense based on SOL and need something indicating
theeffect of 108(c).Anyone? I've got the Code, just need some case
law to buttress my
position.Thanks.Jay-------------Jay S. Fleischman,
Esq.Shaev & Fleischman, LLPI help people in the Los Angeles
area and New York City get smartsolutions to their bill
problems.http://www.ConsumerHelpCentral.com556 S Fair Oaks
Ave Ste 101-152Pasadena CA 91105-26561430 Broadway Ste 1802New
York NY 10018-3354T: 626-808-4343 x704E: jay@...Email
isn't secure, so it's not confidential. By communicating withme by email,
you understand that it's not confidential.

The post was migrated from Yahoo.

Sam, thanks for that. Mark, excellent point that I hadn't considered (but
will now).
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people get smart solutions to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with me by
email, you understand that it's not confidential.
On Tue, Sep 24, 2013 at 10:40 AM, wrote:
> **
>
>
> **
> If the creditor was paid through the Chapter 13 plan. Wouldn't that
> restart the clock at least from an open book account standpoint as to the
> SOL, meaning Section 108(c)(1) governs? I would examine the application of
> C.C.P. Section 360 in relation to the bankruptcy schedules and plan as to
> whether the acknowledgement of the obligation to the creditor constitutes a
> renewal of liability.
>
> 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 9/24/2013 10:02:20 A.M. Pacific Daylight Time,
> bankruptcy@gmail.com writes:
>
>
>
> I've got a debtor who was watching a collection SOL run out on a
> promissory note. He was at 5 years, then filed a Chapter 13. Case was
> dismissed 2 years into the Plan. 6 months later, the creditor
> (listed, filed POC, was being paid by trustee) sued him.
>
> I'm mounting a defense based on SOL and need something indicating the
> effect of 108(c).
>
> Anyone? I've got the Code, just need some case law to buttress my position.
>
> Thanks.
>
> Jay
>
> -------------
> Jay S. Fleischman, Esq.
> Shaev & Fleischman, LLP
>
> I help people in the Los Angeles area and New York City get smart
> solutions to their bill problems.
>
> http://www.ConsumerHelpCentral.com
>
> 556 S Fair Oaks Ave Ste 101-152
> Pasadena CA 91105-2656
>
> 1430 Broadway Ste 1802
> New York NY 10018-3354
>
> T: 626-808-4343 x704
> E: jay@sflawca.com
>
>
> Email isn't secure, so it's not confidential. By communicating with
> me by email, you understand that it's not confidential.
>
>
>
Sam, thanks for that. Mark, excellent point that I hadn't considered (but will now).
The post was migrated from Yahoo.

If the creditor was paid through the Chapter 13 plan. Wouldn't that
restart the clock at least from an open book account standpoint as to the SOL,
meaning Section 108(c)(1) governs? I would examine the application of
C.C.P. Section 360 in relation to the bankruptcy schedules and plan as towhether the acknowledgement of the obligation to the creditor constitutes a
renewal of liability.
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 9/24/2013 10:02:20 A.M. Pacific Daylight Time,
bankruptcy@gmail.com writes:
I've got a debtor who was watching a collection SOL run out on a
promissory note. He was at 5 years, then filed a Chapter 13. Case was
dismissed 2 years into the Plan. 6 months later, the creditor
(listed, filed POC, was being paid by trustee) sued him.
I'm mounting a defense based on SOL and need something indicating the
effect of 108(c).
Anyone? I've got the Code, just need some case law to buttress my
position.
Thanks.
Jay
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people in the Los Angeles area and New York City get smart
solutions to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
1430 Broadway Ste 1802
New York NY 10018-3354
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with
me by email, you understand that it's not confidential.
If the creditor was paid through the Chapter 13 plan. Wouldn't that
restart the clock at least from an open book account standpoint as
to the SOL, meaning Section 108(c)(1) governs? I would examine the
application of C.C.P. Section 360 in relation to the bankruptcy
schedules and plan as to whether the acknowledgement of the obligation to the
creditor constitutes a renewal of liability.

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 9/24/2013 10:02:20 A.M. Pacific Daylight Time,
bankruptcy@gmail.com writes:


I've got a debtor who was watching a collection SOL run out on
apromissory note. He was at 5 years, then filed a Chapter 13. Case
wasdismissed 2 years into the Plan. 6 months later, the
creditor(listed, filed POC, was being paid by trustee) sued
him.I'm mounting a defense based on SOL and need something indicating
theeffect of 108(c).Anyone? I've got the Code, just need some case
law to buttress my
position.Thanks.Jay-------------Jay S. Fleischman,
Esq.Shaev & Fleischman, LLPI help people in the Los Angeles
area and New York City get smartsolutions to their bill
problems.http://www.ConsumerHelpCentral.com556 S Fair Oaks Ave
Ste 101-152Pasadena CA 91105-26561430 Broadway Ste 1802New
York NY 10018-3354T: 626-808-4343 x704E:
jay@sflawca.comEmail isn't secure, so it's not confidential. By
communicating withme by email, you understand that it's not
confidential.

The post was migrated from Yahoo.

I've got a debtor who was watching a collection SOL run out on a
promissory note. He was at 5 years, then filed a Chapter 13. Case was
dismissed 2 years into the Plan. 6 months later, the creditor
(listed, filed POC, was being paid by trustee) sued him.
I'm mounting a defense based on SOL and need something indicating the
effect of 108(c).
Anyone? I've got the Code, just need some case law to buttress my position.
Thanks.
Jay
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people in the Los Angeles area and New York City get smart
solutions to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
1430 Broadway Ste 1802
New York NY 10018-3354
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with
me by email, you understand that it's not confidential.

The post was migrated from Yahoo.