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March 21 Program - Unscheduled Litigation
There is a very recent BAP opinion, William David Goldstein, 2015 DJDAR 2537 (3/3/15) that you might find of interest concerning scheduling of litigation claims and timing of when claims accrue.
Eric
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
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To: cdcbaa
Sent: Fri, Mar 6, 2015 9:49 am
Subject: [cdcbaa] March 21 Program - Unscheduled Litigation
We have a great program set for March 21 on Unscheduled Litigation. We are copying the format of the great program Ray Aver and Gary Wallace did with Judge Bason.
This program will have Ray Aver representing the debtor, Stella Havkin representing the chapter 7 trustee (boo-hiss), and Cassandra Richey representing the evil bank. They will argue 8-9 motions to Judge Clarkson who will rule on the motions and explain why.
This is a debtor who files a basic chapter 7 - gets a discharge - meets lawyer 2 later who tells him he has a great case against the bank on the home mortgage. Trustee finds out and moves to reopen the case (or the debtor moves to reopen). Bank wants the case dismissed because the debtor didn't disclose the asset.
One motion will be the trustee's objection to the debtor' ;s attempt to convert the case from chapter 7 to chapter 13/11.
Hope to see you all there. Jon
There is a very recent BAP opinion, William David Goldstein, 2015 DJDAR 2537 (3/3/15) that you might find of interest concerning scheduling of litigation claims and timing of when claims accrue.
Eric
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
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***NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL***
-----Original Message-----
To: cdcbaa <cdcbaa@yahoogroups.com>
Sent: Fri, Mar 6, 2015 9:49 am
Subject: [cdcbaa] March 21 Program - Unscheduled Litigation
We have a great program set for March 21 on Unscheduled Litigation. We are copying the format of the great program Ray Aver and Gary Wallace did with Judge Bason.
This program will have Ray Aver representing the debtor, Stella Havkin representing the chapter 7 trustee (boo-hiss), and Cassandra Richey representing the evil bank. They will argue 8-9 motions to Judge Clarkson who will rule on the motions and explain why.
This is a debtor who files a basic chapter 7 - gets a discharge - meets lawyer 2 later who tells him he has a great case against the bank on the home mortgage. Trustee finds out and moves to reopen the case (or the debtor moves to reopen). Bank wants the case dismissed because the debtor didn't disclose the asset.
One motion will be the trustee's objection to the debtor' ;s attempt to convert the case from chapter 7 to chapter 13/11.
Hope to see you all there. Jon
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