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Service of Ch. 13 "Certificate of Compliance and App 4 Discharge"
charsetndows-1252
I dont know about the Chapter 13 Rules Committee, but Chief Judge Bluebond invited people with rules issues to bring them to her attention and she will forward them.
I think all the following items are inconsistent and uncoordinated, piling on costs and complications once a debtor has successfully finished three or five years of compliance with the Plan and taken the Financial Management course:
1. The two rules LBR 3015-1(t) and (x), plus
2. the local other form" (not a Local Rules Form for some reason), Debtors Certification of Compliance under 11 USC 1328(a) and Application for Entry of Discharge, and
3. the other form Debtors Certification of Completion of Postpetition Instructional Course concerning Personal Financial Management (B23) (which says not to file this form if the course provider has filed a certificate), and
4. BNC form Notice of Requirement to File a Debtors Certification of Compliance under 11 USC 1328(a) and Application for Entry of Discharge; and
5. the form notice sent out by Nancy Curry entitled Notice of Intent to File Trustees Final Report and Account, Obtain Discharge of Debtor and Close Case; and
6. Nancy Currys form Declaration re Non-Receipt of Objections to Trustees Final Report & Account and Request for Discharge of Debtor (including in bold print, I request that the debtor be granted a discharge pursuant to 11 USC 1328).
I dont know what the other Chapter 13 Trustees in the District use for forms, or whether there is variance between the Chapter 13 Judges. I also dont know why the clerk cant issue the discharge as soon as the Trustees Final Report and Account is approved (non-objection) and the Certificate of the course provider is filed.
So, who wants to submit this? Or perhaps take a survey?
Obviously, well-informed practitioners have questions.
Jason Wallach
jwallach@gladstonemichel.com
On Mar 3, 2015, at 10:09 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> I've done it that way too, and also serving just ECF people and the Judge, and they've all gone through.
>
> But that doesn't mean it's correct. LBR 3015-1(x) is pretty clear.
>
> This is something that should be clarified in our Local Rules. Anyone here on that Ch. 13 Rules Committee?
>
>
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> Mailing Address Only:
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, 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 in this communication.
>
>
> On 3/3/2015 9:36 AM, sam@southbaybk.com [cdcbaa] wrote:
>> I just file the cert with no certificate of service. Never had a problem.
>
>
>
charsetndows-1252
I dont know about the Chapter 13 Rules Committee, but Chief Judge Bluebond invited people with rules issues to bring them to her attention and she will forward them.I think all the following items are inconsistent and uncoordinated, piling on costs and complications once a debtor has successfully finished three or five years of compliance with the Plan and taken the Financial Management course:1. The two rules LBR 3015-1(t) and (x), plus 2. the local other form" (not a Local Rules Form for some reason), Debtors Certification of Compliance under 11 USC 1328(a) and Application for Entry of Discharge, and 3. the ctional Course concerning Personal Financial Management (B23) (which says not to file this form if the course provider has filed a certificate), and 4. BNC form Notice of Requirement to File a Debtors Certification of Compliance under 11 USC 1328(a) and Application for Entry of Discharge; and 5. the form notice sent out by Nancy Curry entitled Notice of Intent to File Trustees Final Report and Account, Obtain Discharge of Debtor and Close Case; and 6. Nancy Currys form Declaration re Non-Receipt of Objections to Trustees Final Report & Account and Request for Discharge of Debtor (including in bold print, I request that the debtor be granted a discharge pursuant to 11 USC 1328).I dont know what the other Chapter 13 Trustees in the District use for forms, or whether there is variance between the Chapter 13 Judges. I also dont know why the clerk cant issue the discharge as soon as the Trustees Final Report and Account is approved (non-objection) and the Certificate of the course provider is filed.So, who wants to submit this? Or perhaps take a survey?Obviously, well-informed practitioners have questions.
Jason Wallach
The post was migrated from Yahoo.
Hello Markus:
I can't find the local rule that requires service on everyone. I find LBR 3015-1(t), which says that the trustee is supposed to send you a notice and you're supposed to get the debtor to "comply with the requirements" of the certification of compliance, and file it with the court.
The last time I got a chapter 13 discharge, I filed the certification with a note on the certificate of service saying that "service is unnecessary under LBR 3015-1(t)." No one objected, and I got the discharge.
- John D. Faucher
818/889-8080
On Monday, March 2, 2015 4:27 PM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
Just wondering....do you all serve the "Certificate of Compliance and Applications For Discharge" in a Chapter 13 case on all the creditors?
The local rules require it, but after I file it, an automatic
Notice to Object is sent out to all creditors, which seems
duplicative to me.
Does anyone NOT serve all creditors?
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of
California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the
law office of Mark J. Markus that may be privileged. The
information is intended for the use of the addressee only. If
you are not the addressee, note that any disclosure, copy,
distribution or use of the contents of this message is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with
requirements imposed by the IRS, we inform you that any U.S.
tax advice contained in this communication (or in any
attachment) is not intended or written to be used, and cannot
be used, 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 in this communication.
The post was migrated from Yahoo.