Motion for Relief when car is being paid through the =
Posted: Wed Aug 01, 2012 1:11 pm
Nancy,
The Trustee is not being particularly difficult. It is the creditor who messed this up -by accidentor on purpose.
The Trustee simply cannot pay the creditor without a claim. Think about it, you'd go nuts if she did with some other creditor.
If the Creditor did not file a claim, then you must file one for them. That is all the Trustee needs to start payments. Do it now.
I think the judge was trying to telegraph that it is the debtor's responsibility to keep an eye on the case and make sure the creditor is 'protected' - that the payments will start -either by pushing on the creditor to file the claim or filing one for them.
Gail Higgins
CONFIDENTIALITY NOTICE: This electronic message is intended only for named recipient(s). It contains information that may be confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you have received this message in error, are not a named recipient, or are not the employee or agent responsible for delivering this message to a named recipient, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, August 1, 2012 12:43 PM
Subject: RE: [cdcbaa] Motion for Relief when car is being paid through the plan
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
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Jay Fleischman
Sent: Wednesday, August 01, 2012 6:53 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Motion for Relief when car is being paid through the plan
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.
The post was migrated from Yahoo.