a reiteration of the Local Rules on Ch13 Practice
Posted: Mon Oct 15, 2012 12:31 pm
thanks for the reminder. which judge?
didn't at least one judge - SK? - waive the requirement?
how can SK waive it i wonder when it does as you say go to the heart of the
C13 feasibility?
2. Pursuant to Local Bankruptcy Rule (LBR) 1001-1(d), the court waives
application of LBR 3015-1(m)(6) & (7). Therefore, debtors are not required
to
file with the court and serve on the chapter 13 trustee and all secured
creditors a declaration on court-mandated Form F 3015-1.4, entitled,
Payments [Local Bankruptcy Rule 3015-1(m)] commonly referred to as a
On Mon, Oct 15, 2012 at 11:05 AM, wrote:
> **
>
>
> Dear Ch13 Colleagues:
>
> In Court today, one of our Ch13 Judges pointed out that there
> appears to be a significant increase in the failure of debtors and their
> counsel to file mortgage payment declarations. This Court pointed at that
> since 95% of Ch13 cases involve real property, the proving up of the post
> petition pre confirmation mortgage payments goes to the heart of
> feasibility as a requirement of confirming a Ch13 case.
>
> I just wanted to pass this on to my fellow colleagues.
>
> *KEITH ALAN HIGGINBOTHAM*
> *2012 cdcbaa President*
> *
> *
>
>
>
thanks for the reminder. which judge?didn't at least one judge - SK? - waive the requirement?how can SK waive it i wonder when it does as you say go to the heart of the C13 feasibility?
2. Pursuant to Local Bankruptcy Rule (LBR) 1001-1(d), the court waivesapplication of LBR 3015-1(m)(6) & (7). Therefore, debtors are not required tofile with the court and serve on the chapter 13 trustee and all secured
creditors a declaration on court-mandated Form F 3015-1.4, entitled,Declaration Setting Forth Postpetition, Preconfirmation Deed of TrustPayments [Local Bankruptcy Rule 3015-1(m)] commonly referred to as a
mortgage declaration.On Mon, Oct 15, 2012 at 11:05 AM, <higginbothamlaw@aol.com> wrote:
Dear Ch13 Colleagues:
In Court today, one of our Ch13 Judges pointed out that there appears to be a significant increase in the failure of debtors and their counsel to file mortgage payment declarations. This Court pointed at that since 95% of Ch13 cases involve real property, the proving up of the post petition pre confirmation mortgage payments goes to the heart of feasibility as a requirement of confirming a Ch13 case.
I just wanted to pass this on to my fellow colleagues.
KEITH ALAN HIGGINBOTHAM
The post was migrated from Yahoo.