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OSC Re VIOLATION OF STAY...
Anheuser Busch
On Wed, Aug 22, 2012 at 3:18 PM, Larry Webb wrote:
> **
>
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> Rene,****
>
> ** **
>
> Which Credit Union?****
>
> ** **
>
> ** **
>
> 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****
>
> ** **
>
> ** **
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *R Grace Rodriguez
> *Sent:* Wednesday, August 22, 2012 12:14 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] OSC Re VIOLATION OF STAY...****
>
> ** **
>
> ****
>
> Dear Members:****
>
> ** **
>
> I have reached the point of fed up with a creditor who is refusing to
> return money held in a CREDIT UNION savings account because they want to
> apply it to the unpaid credit card debt the Debtor has with that company.
> The money was listed on B, Exempted on C. The creditor filed proofs of
> claims on the unpaid credit card and has not applied the funds to that
> account. So there the funds sit in limbo. Client needs them to fix car to
> get to work. ****
>
> ** **
>
> I have never done one before, but can someone give me a case number where
> they did an OSC re VIOLATION OF STAY and requested sanctions, attorneys
> fees and what not? So I can study it? Thanks.
> ****
>
> ** **
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
> 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.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and
> confidential information and is intended only for the individual named. If
> you are not the intended recipient you should not disseminate, distribute,
> store, print, copy or deliver this message. Please notify the sender
> immediately by e-mail if you have received this e-mail by mistake and
> delete this e-mail from your system.****
>
> ****
>
>
>
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
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.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system.
Anheuser BuschOn Wed, Aug 22, 2012 at 3:18 PM, Larry Webb <larry@webbklaw.com> wrote:
Rene,
The post was migrated from Yahoo.
Code 553 provides for setoff, preserving certain rights that exist under
relevant non-bankruptcy law. In re TLC Hospitals. Inc., 224 F.3d 1008,
1011 (9th Cir. 2000).
California law recognizes the equitable right to setoff. Birman v. Loeb, 6
Cal.App.4th 502,516-18 (1998); Kruger v. Wells Fargo Bank, 11 Cal.3d 352
(1974).
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.
Code 553 provides for setoff, preservingcertain rights that exist under relevant non-bankruptcy law. Inre TLC Hospitals. Inc., 224 F.3d 1008, 1011(9th Cir. 2000).California law recognizes the equitable right to setoff. Birman v. Loeb, 6 Cal.App.4th 502,516-18 (1998); Krugerv. Wells Fargo Bank, 11 Cal.3d 352 (1974).
-------------
The post was migrated from Yahoo.
Check to make sure the credit union doesn't have a right of setoff. Often,
they do.
On Aug 22, 2012 12:14 PM, "R Grace Rodriguez" wrote:
> **
>
>
> Dear Members:
>
> I have reached the point of fed up with a creditor who is refusing to
> return money held in a CREDIT UNION savings account because they want to
> apply it to the unpaid credit card debt the Debtor has with that company.
> The money was listed on B, Exempted on C. The creditor filed proofs of
> claims on the unpaid credit card and has not applied the funds to that
> account. So there the funds sit in limbo. Client needs them to fix car to
> get to work.
>
> I have never done one before, but can someone give me a case number where
> they did an OSC re VIOLATION OF STAY and requested sanctions, attorneys
> fees and what not? So I can study it? Thanks.
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
> 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.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and
> confidential information and is intended only for the individual named. If
> you are not the intended recipient you should not disseminate, distribute,
> store, print, copy or deliver this message. Please notify the sender
> immediately by e-mail if you have received this e-mail by mistake and
> delete this e-mail from your system.
>
>
Check to make sure the credit union doesn't have a right of setoff.On Aug 22, 2012 12:14 PM, "R Grace Rodriguez" <rgracelaw@gmail.com> wrote:
The post was migrated from Yahoo.
Rene,
Which Credit Union?
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
The post was migrated from Yahoo.
Dear Members:
I have reached the point of fed up with a creditor who is refusing to
return money held in a CREDIT UNION savings account because they want to
apply it to the unpaid credit card debt the Debtor has with that company.
The money was listed on B, Exempted on C. The creditor filed proofs of
claims on the unpaid credit card and has not applied the funds to that
account. So there the funds sit in limbo. Client needs them to fix car to
get to work.
I have never done one before, but can someone give me a case number where
they did an OSC re VIOLATION OF STAY and requested sanctions, attorneys
fees and what not? So I can study it? Thanks.
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
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.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system.
Dear Members:I have reached the point of fed up with a creditor who is refusing to return money held in a CREDIT UNION savings account because they want to apply it to the unpaid credit card debt the Debtor has with that company. The money was listed on B, Exempted on C. The creditor filed proofs of claims on the unpaid credit card and has not applied the funds to that account. So there the funds sit in limbo. Client needs them to fix car to get to work.
I have never done one before, but can someone give me a case number where they did an OSC re VIOLATION OF STAY and requested sanctions, attorneys fees and what not? So I can study it? Thanks.
-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (818) 554-9922NO 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.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
The post was migrated from Yahoo.