Central District Consumer Bankruptcy Attorney's Association

I have never done something like this and also keep in mind I don't know
what's happened/happening in your case so my comments regarding how to
approach a new Plan/DS may be inappropriate.
File a new Disclosure Statement, Plan, Motion to Approve DS, and notice of
withdrawal. Set the Disclosure Statement for hearing at the next available
slot. Also call the clerk to let them know what's happened and that you
will be withdrawing your confirmation brief/motion to confirm Plan.
You can find a sample sale motion here: 2:13-bk-26389-RK. It's probably not
a good one because we had a junior lien holder who was disruptive and
wouldn't agree to a sale where it was paid none of the 750k+ excess
proceeds and I tried to get away with not having bidding procedures.
Alternatively, you can look up the Court's site for Trustee sales of houses
and see what their 363 sale motions look like.
The above is conditioned on the sale now somehow making the new Plan you
propose confirmable. Otherwise, what are you doing right. If you want to
privately email me the latest DS/Plan, Ballot Talley and confirmation
brief/objections, I can fairly quickly tell you whether the current or
future Plan is confirmable.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
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On Sun, Mar 1, 2015 at 7:03 AM, Holly Roark hollyroark22@gmail.com [cdcbaa]
wrote:
>
>
> It will be a material change. Do we wait for hearing on confirmation to
> get permission to amend plan and disclosure statement or do we go ahead and
> amend and file new plan and disclosure statement?
>
> Do you have a sample 363 sale motion?
>
>
> On Saturday, February 28, 2015, Michael Avanesian michael@avanesianlaw.com
> [cdcbaa] wrote:
>
>>
>>
>> Yes. Do a motion to employ the broker -- the broker can begin work and
>> employment should relate back to the day the employment motion was filed.
>> Some practitioners play fast and loose with these things and seek
>> employment for work done before the initial app was filed and that's been
>> shown not to draw objections if done relatively contemporaneously.
>>
>> Until the Plan is confirmed, it's not binding so you can do whatever you
>> normally could do. If you propose the sale though, your disclosure
>> statement is no longer providing adequate information and the Plan
>> certainly should not be confirmed if a material portion of it is now
>> outdated. Watch out for things such as circulating a security w/o court
>> approval and deadlines to confirm Plans.
>>
>> Also note that you're not just going to need to employ the broker but to
>> file a motion to sell the property under 363.
>>
>>
>> Sincerely,
>>
>>
>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>> 101 N. Brand Blvd., PH 1920
>> Glendale, California 91203
>> Tel: 818.276.2477 Fax: 818.208.4550
>>
>> *Confidentiality**: *This electronic transmission and its contents are
>> legally privileged and confidential information and intended solely for the
>> use of the addressee. If the reader of this message is not the intended
>> recipient, you are hereby notified that any dissemination, distribution,
>> copying or other use of this message and its contents is strictly
>> prohibited. If you have received this transmission in error, please reply
>> to us immediately and delete this message from your directory.
>>
>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>> imposed by the IRS, please be advised that any U.S. federal tax advice
>> contained in this communication (including any attachments) is not intended
>> or written to be used or relied upon, and cannot be used or relied upon,
>> for the purpose of (i) avoiding penalties under the Internal Revenue Code,
>> or (ii) promoting, marketing or recommending to another party any
>> transaction or matter addressed herein.
>>
>>
>> On Sat, Feb 28, 2015 at 10:43 PM, Holly Roark hollyroark22@gmail.com
>> [cdcbaa] wrote:
>>
>>>
>>>
>>> This is the Hail Mary. This case is two years old. We have had two
>>> rounds of voting on plans in this case. Possibly could do a cram down if
>>> the Debtor's cash was coming, but it's looking grim. Before the
>>> confirmation hearing, I'd like to tee up a sale of the debtor's real
>>> property. I know I need to file a Motion to employ the broker. Can she go
>>> ahead and list the property prior to filing the Motion, and can the Debtor
>>> do this even though there's nothing in the latest plan that proposes a
>>> sale?
>>>
>>>
>>> Holly Roark
>>> Certified Bankruptcy Specialist*
>>> *and Sports Lawyer*
>>> holly@roarklawoffices.com **primary email address**
>>> www.roarklawoffices.com
>>> Central District of California - Consumer Bankruptcy Attorney
>>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>>> T (310) 553-2600; F (310) 553-2601
>>>
>>> *By State Bar of California Board of Legal Specialization
>>>
>>> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
>>> 922-5100
>>>
>>>
>>
>
> --
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California - Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
> T (310) 553-2600; F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
> 922-5100
>
>
>
>
I have never done something like this and also keep i
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