arguments for quick entry of discharge in confirmed i=
Posted: Tue Sep 04, 2012 5:30 pm
I have gotten him to rule it is 5 years, when the unsecureds are paid. d
________________________________
To: cdcbaa@yahoogroups.com
Cc: "ngebelt@goodbye2debt.com"
Sent: Tuesday, September 4, 2012 12:53 PM
Subject: Re: [cdcbaa] arguments for quick entry of discharge in confirmed individual 11
Exactly. That is what I'm trying to defeat. I've done it with other judges using 1141(d)(5)(B), but I was wondering if anybody has tried that with Judge Kwan. Also, when you have, for example, a 5 year term to pay unsecureds but modified secured claims to extend them over 30 years, does he think the plan is 5 years or 30 years?
On Tue, Sep 4, 2012 at 12:48 PM, Nicholas Gebelt wrote:
>
>Dear Giovanni,
>
>I may be missing something in your question, but in an individual Chapter 11 1141(d)(5)(A) applies:
>
>In a case in which the debtor is an individual unless after notice and a hearing the court orders otherwise for cause, confirmation of the plan does not discharge any debt provided for in the plan until the court grants a discharge on completion of all payments under the plan.
>
>I suspect that it is this statutory provision that Judge Kwan has in mind.
>
>Good luck,
>
>Nick
>
>Nicholas Gebelt, Ph.D., J.D.
>Board Certified Bankruptcy Specialist
>
>
>
>Law Offices of Nicholas Gebelt
>15150 Hornell Street
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>From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Giovanni Orantes
>Sent: Tuesday, September 04, 2012 12:33 PM
>To: cdcbaa@yahoogroups.com
>Subject: [cdcbaa] arguments for quick entry of discharge in confirmed individual 11
>
>
>I'm in front of Judge Kwan in a bit over an hour and was wondering if anybody can give me some pearls of wisdom to argue to him to change his mind regarding entry of discharge in an individual 11 soon after payments commence. If you know what he considers to be the law and why, that would be helpful too.
>
>--
>Giovanni Orantes, Esq.
>Orantes Law Firm, P.C.
>3435 Wilshire Blvd. Suite 1980
>Los Angeles, CA 90010
>Tel: (213) 389-4362
>Fax: (877) 789-5776
>e-mail: go@gobklaw.com
>website: www.gobklaw.com
Giovanni Orantes, Esq.
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