506 complaint when no POC filed by lender
Posted: Fri Jan 27, 2012 4:27 pm
The Rule 7026 Notice is to be served with the summons and complaint. You state on the proof of service to the executed summons that the summons, complaint and Rule 7026 notice was served
Catherine Christiansen
________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, January 27, 2012 3:31 PM
Subject: RE: [cdcbaa] 506 complaint when no POC filed by lender
Debtor doesnt pay.
Steve
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Kirk Brennan
Sent: Friday, January 27, 2012 3:19 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] 506 complaint when no POC filed by lender
Thanks. Does the $150 complaint fee have to be paid on these 506 complaints? It seems like the complaint is being filed by the DIP for the benefit of the estate, but maybe I'm missing something.
Also, Do you file and serve the Notice of Requirement to Comply with LBR 7026-1 and FRBP 7026 even though default judgment is almost certain every time?
On Fri, Jan 27, 2012 at 3:09 PM, Steven B. Lever wrote:
Two questions: Yes; No.
Steven B. Lever
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Kirk Brennan
Sent: Friday, January 27, 2012 2:30 PM
To: Cdcbaa Yahoo Listserv
Subject: [cdcbaa] 506 complaint when no POC filed by lender
When second mortgage/DOT holder hasn't filed a Proof of Claim, can I still do a LAM complaint?
Or do I need to file a POC for the second DOT holder first?
Thanks,
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
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