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Motion for Relief when car is being paid through the plan

Posted: Wed Aug 01, 2012 3:20 pm
by Yahoo Bot

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Motion for Relief when car is being paid through the plan

Posted: Wed Aug 01, 2012 12:43 pm
by Yahoo Bot

I agree that bringing this to the attention of the trustee is the best
course of action. I have asked that it be put on the agenda at the next
chapter 13 committee bench bar meeting.
Thank you,
Nancy B. Clark
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com

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Motion for Relief when car is being paid through the plan

Posted: Wed Aug 01, 2012 12:41 pm
by Yahoo Bot

Judge Albert and Judge Bason on different cases. We worked out APOs
after the fact but the Judges seem to be saying that the provisions of
362 are clear and that the creditor who is losing value must be
adequately protected at all cost.
Thank you,
Nancy B. Clark
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com

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Motion for Relief when car is being paid through the plan

Posted: Wed Aug 01, 2012 12:39 pm
by Yahoo Bot

Santa Ana and LA.
Thank you,
Nancy B. Clark
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com

The post was migrated from Yahoo.

Motion for Relief when car is being paid through the plan

Posted: Wed Aug 01, 2012 11:04 am
by Yahoo Bot

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Is this a change in the Judicial wind?
We had the same facts (except the creditor had file a proof of claim) before Judge Ahart two years ago and the creditor motion was denied with no appearance necessary because the plan payments were current etc.
Best regards
Larry Webb
State Bar of California 229344
Central District California
"A Debt Relief Agency"
Check out my Blog
Larry@webbklaw. com
Law Offices of Larry Webb
484 Mobil Ste 43
Camarillo Ca 93010
P 805.987.1400
F 805.987.2866
C 805.750.2150

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Motion for Relief when car is being paid through the plan

Posted: Wed Aug 01, 2012 8:07 am
by Yahoo Bot

Which judge? Sounds like the solution for this judge is to file a claim for the car creditor.
Another thing to worry about! But really, tell us the judge so we can all track the poc's for car creditors before this judge.
D
Sent from my iPhone
On Jul 31, 2012, at 3:44 PM, "Nancy Clark" wrote:
> We opposed the motion; attached the confirmed plan; provided a printout from the chapter 13 trustee showing that the debtors were current. We advised the court that we had contacted the trustee and had requested that the trustee make payments to the creditor. We told the court that the creditor had failed to file a proof of claim. The Judge's response was that the debtor is responsible for making sure the creditor is adequately protected. The debtors responsibility is not limited to making the plan payments. The debtor must make sure the trustee is disbursing payments to creditors to adequately protect secured creditors. Next time I think we will have to file a request for OSC against the trustee as part of our response. This situation is patently unfair.
>
> Thank you,
> Nancy
>
> Nancy B. Clark
> Attorney at Law
> Sent from my iPhone
>
> On Jul 31, 2012, at 12:20 PM, "Jay S. Fleischman" wrote:
>
>>
>> Nancy, why is the court is granting the relief sought by the lender? Have you been opposing their motion and having the court rule in favor of the lender, or is there something else at work?
>>
>> -------------
>> Jay S. Fleischman, Esq.
>> Shaev & Fleischman, LLP
>>
>> I help people with overdue bills, credit reporting problems, and debt collection harassment. Questions? Just hit REPLY or check out my website here: http://www.ConsumerHelpCentral.com
>>
>> NACBA Co-Chair, New York
>> Founder and Past President, Bankruptcy Law Network
>>
>> NEW YORK OFFICE
>> 350 Fifth Ave Ste 7210
>> New York NY 10118
>> T: 646.827.0758
>>
>> COMING SOON TO THE LOS ANGELES AREA
>>
>> Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
>
>
>
>
>
>
>
Which judge? Sounds like the solution for this judge is to file a claim for the car creditor. Another thing to worry about! But really, tell us the judge so we can all track the poc's for car creditors before this judge. DSent from my iPhoneOn Jul 31, 2012, at 3:44 PM, "Nancy Clark" <nclark@blclaw.com> wrote:

We opposed the motion; attached the confirmed plan; provided a printout from the chapter 13 trustee showing that the debtors were current. We advised the court that we had contacted the trustee and had requested that the trustee make payments to the creditor. We told the court that the creditor had failed to file a proof of claim. The Judge's response was that the debtor is responsible for making sure the creditor is adequately protected. The debtors responsibility is not limited to making the plan payments. The debtor must make sure the trustee is disbursing payments to creditors to adequately protect secured creditors. Next time I think we will have to file a request for OSC against the trustee as part of our response. This situation is patently unfair.Thank you,Nancy Nancy B. ClarkAttorney at LawSent from my iPhoneOn Jul 31, 2012, at 12:20 PM, "Jay S. Fleischman" <bankruptcy@gmail.com> wrote:

Nancy, why is the
court is granting the relief sought by the lender?
Have you been opposing their motion and having the court rule in favor
of the lender, or is there something else at work?
-------------Jay S. Fleischman, Esq.Shaev &
Fleischman, LLP
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Motion for Relief when car is being paid through the plan

Posted: Wed Aug 01, 2012 6:53 am
by Yahoo Bot

In a short time, I've realized that things are very interesting in this
part of the nation.
The proper way to handle this, I think, would be to cross-move against your
Chapter 13 Trustee.
Not knowing the relationship between the Chapter 13 Trustees and the debtor
bar in the area, this might be a time to sit down with them and figure out
a way to avoid the problems in the future. I believe that when motions are
filed against the Chapter 13 Trustee, he or she is required to report them;
that creates difficulties for them during their reviews.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
Email isn't secure, so it's not confidential. By communicating with me by
email, you understand that it's not confidential.
In a short time, I've realized that things are very interesting in this part of the nation.The proper way to handle this, I think, would be to cross-move against your Chapter 13 Trustee.
Not knowing the relationship between the Chapter 13 Trustees and the debtor bar in the area, this might be a time to sit down with them and figure out a way to avoid the problems in the future. I believe that when motions are filed against the Chapter 13 Trustee, he or she is required to report them; that creates difficulties for them during their reviews.
-------------
The post was migrated from Yahoo.

Motion for Relief when car is being paid through the plan

Posted: Tue Jul 31, 2012 4:09 pm
by Yahoo Bot

Which judge was this?
On Tue, Jul 31, 2012 at 3:55 PM, Leventhal Law Group, P.C. wrote:
> **
>
>
> Wow, the plan lays out the order of payments. I thought our job was to
> protect our clients. Now we have to protect the major creditors as well!
>
>
> Jonathan Leventhal, esq.
> Leventhal Law Group, P.C.
> 818-347-5800
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and any attachments thereto.
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
> Note: The Leventhal Law Group, P.C. does not reprenet you until a written
> fee agreement has been signed by you and a representative of the Leventhal
> Law Group, P.C. and all fees listed in the agreement have been paid.
>
> On Jul 31, 2012, at 3:44 PM, "Nancy Clark" wrote:
>
>
>
> We opposed the motion; attached the confirmed plan; provided a printout
> from the chapter 13 trustee showing that the debtors were current. We
> advised the court that we had contacted the trustee and had requested that
> the trustee make payments to the creditor. We told the court that the
> creditor had failed to file a proof of claim. The Judge's response was that
> the debtor is responsible for making sure the creditor is adequately
> protected. The debtors responsibility is not limited to making the plan
> payments. The debtor must make sure the trustee is disbursing payments to
> creditors to adequately protect secured creditors. Next time I think we
> will have to file a request for OSC against the trustee as part of our
> response. This situation is patently unfair.
>
> Thank you,
> Nancy
>
> Nancy B. Clark
> Attorney at Law
> Sent from my iPhone
>
> On Jul 31, 2012, at 12:20 PM, "Jay S. Fleischman"
> wrote:
>
>
>
> Nancy, why is the court is granting the relief sought by the lender? Have
> you been opposing their motion and having the court rule in favor of the
> lender, or is there something else at work?
>
> -------------
> Jay S. Fleischman, Esq.
> Shaev & Fleischman, LLP
>
> I help people with overdue bills, credit reporting problems, and debt
> collection harassment. Questions? Just hit REPLY or check out my
> website here: http://www.ConsumerHelpCentral.com
>
> NACBA Co-Chair, New York
> Founder and Past President, Bankruptcy Law Network
>
> NEW YORK OFFICE
> 350 Fifth Ave Ste 7210
> New York NY 10118
> T: 646.827.0758
>
> COMING SOON TO THE LOS ANGELES AREA
>
> Email isn't secure, so it's not confidential. By communicating with me
> by email, you understand that it's not confidential.
>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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Which judge was this?On Tue, Jul 31, 2012 at 3:55 PM, Leventhal Law Group, P.C. <law@3yl.com> wrote:
Wow, the plan lays out the order of payments. I thought our job was to protect our clients. Now we have to protect the major creditors as well!Jonathan Leventhal, esq.Leventhal Law Group, P.C.
818-347-5800NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.Note: The Leventhal Law Group, P.C. does not reprenet you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
On Jul 31, 2012, at 3:44 PM, "Nancy Clark" <nclark@blclaw.com> wrote:
We opposed the motion; attached the confirmed plan; provided a printout from the chapter 13 trustee showing that the debtors were current. We advised the court that we had contacted the trustee and had requested that the trustee make payments to the creditor. We told the court that the creditor had failed to file a proof of claim. The Judge's response was that the debtor is responsible for making sure the creditor is adequately protected. The debtors responsibility is not limited to making the plan payments. The debtor must make sure the trustee is disbursing payments to creditors to adequately protect secured creditors. Next time I think we will have to file a request for OSC against the trustee as part of our response. This situation is patently unfair.
Thank you,NancyNancy B. ClarkAttorney at LawSent from my iPhoneOn Jul 31, 2012, at 12:20 PM, "Jay S. Fleischman" <bankruptcy@gmail.com> wrote:
Nancy, why is the
court is granting the relief sought by the lender?
Have you been opposing their motion and having the court rule in favor
of the lender, or is there something else at work?

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Motion for Relief when car is being paid through the plan

Posted: Tue Jul 31, 2012 3:44 pm
by Yahoo Bot


The post was migrated from Yahoo.

Motion for Relief when car is being paid through the plan

Posted: Tue Jul 31, 2012 12:02 pm
by Yahoo Bot

Motion for Relief from Stay filed by vehicle creditors who are getting paid through the plan.
Example: The debtors propose a plan in which the creditor is being paid through the plan. The creditor files a Motion for Relief from Stay because they are not receiving payments from the trustee despite the fact that the debtors are current with their plan payment. The trustee may be paying attorney fees before they begin to pay other creditors. The debtors try to contact the trustee to request that the trustee resume making payments to the creditor but usually the trustee cannot send a payment to the creditor in time for the Motion for Relief hearing and our Judges are granting relief because the creditor is not adequately protected and it is the debtors burden to see that the creditor is paid.
Anyone else having this problem? How are you handling it?
Thank you,
Nancy B. Clark
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
www.blclaw.com

The post was migrated from Yahoo.