Central District Consumer Bankruptcy Attorney's Association

Is there a reason not to dismiss the case? Save your client potentially
tens of thousands of dollars in trustee fees?
Sincerely,
Michael Avanesian
On Wed, Jul 30, 2014 at 11:19 AM, Frank Ruggier frank@pricelawgroup.com
[cdcbaa] wrote:
>
>
> Have the clients pay you directly and keep the money in trust account and
> then file fee application for approval of the fees and stating that you
> will be paid directly (not through the Trustee) from funds held in trust
> account.
>
>
>
> Frank X. Ruggier
> Price Law Group, APC
> 15760 Ventura Blvd., Suite 1100
> Encino, CA 91436
> Direct: (818) 205-2406
> Fax: (818) 907-2106
> www.pricelawgroup.com
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Wednesday, July 30, 2014 11:17 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Chapter 13 Motion to Modify Plan Payments & Sell
> Estate property
>
>
>
>
>
> How do I protect myself as far as fees go. Normally I would submit a fee
> app when all this is done. However, the plan would be over and no money to
> pay me.
>
>
>
> Jonathan Leventhal, Esq..
>
> Leventhal Law Group, P.C.
>
> 818-347-5800
>
>
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
>
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and any attachments thereto.
>
>
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
>
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Wednesday, July 30, 2014 11:13 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Chapter 13 Motion to Modify Plan Payments & Sell
> Estate property
>
>
>
>
>
> Depending on the judge, you might get the orders entered faster by having
> a hearing and explaining the urgency.
>
>
>
> File a notice of hearing and a response to the trustee's objections at the
> next available hearing date that allows 14 days notice. LBR 9013-1(o)(4).
>
>
>
>
>
> Peter M. Lively, J.D., M.B.A.
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310)
> 391-2462
>
>
>
> On Wednesday, July 30, 2014 11:02 AM, "'Leventhal Law Group, P.C.'
> law@3yl.com [cdcbaa]" wrote:
>
>
>
>
>
> I can use some help from anyone in the group.
>
>
>
> Scenario:
>
>
>
> Existing Clients in a Chapter 13 plan for 11 months. Debtors now want to
> sell their home and use the equity to pay off all valid claims.
>
>
>
> I filed both Motion to sell real property and to modify the plan payment.
>
>
>
> The problem: The Motion to modify the plan had an error in it. Instead
> of paying 100% of the plan (Valid claims only) I put the 4% from the
> original plan. Of course the Trustee objected and now wants a hearing. The
> Trustee is Nancy Curry. Nothing from any creditor except the holder of the
> mortgage filed a non-opposition provided they are paid in full.
>
>
>
> I know the situation would be resolved in a hearing. However, that would
> take time and I do not want to risk my client losing the sale on the
> house. I did call Nancy Curry's office but no return call yet. (Granted I
> only called this morning)
>
>
>
> Anyone have any solutions. Can I for example, file the original motion
> with the change, WITHOUT HAVING TO WAIT THE 21 DAYS AGAIN? I figured since
> no objection was received except for the Trustee and my change would
> address her objection directly??
>
>
>
> Thoughts, comments......
>
>
>
> Jonathan Leventhal, Esq..
>
> Leventhal Law Group, P.C.
>
> 818-347-5800
>
>
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
>
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and any attachments thereto.
>
>
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
>
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.
>
>
>
>
>
>
>
Is there a reason not to dismiss the case? Save your client potentially tens of thousands of dollars in trustee fees?
Michael AvanesianOn Wed, Jul 30, 2014 at 11:19 AM, Frank Ruggier frank@pricelawgroup.com [cdcbaa] NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
:11.0pt;color:#1f497d">This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
:11.0pt;color:#1f497d">Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
:11.0pt;color:#1f497d">Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
From:
The post was migrated from Yahoo.

Depending on the judge, you might get the orders enteredfaster by having a hearing and explaining the urgency.
File a notice of hearing and a response to the trustee's objections at the next available hearing date that allows 14 days notice. LBR 9013-1(o)(4).
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Wednesday, July 30, 2014 11:02 AM, "'Leventhal Law Group, P.C.' law@3yl.com [cdcbaa]" wrote:
I can use some help from anyone in the group.
Scenario:
Existing Clients in a Chapter 13 plan for 11 months. Debtors now want to sell their home and use the equity to pay off all valid claims.
I filed both Motion to sell real property and to modify the plan payment.
The problem: The Motion to modify the plan had an error in it. Instead of paying 100% of the plan (Valid claims only) I put the 4% from the original plan. Of course the Trustee objected and now wants a hearing. The Trustee is Nancy Curry. Nothing from any creditor except the holder of the mortgage filed a non-opposition provided they are paid in full.
I know the situation would be resolved in a hearing. However, that would take time and I do not want to risk my client losing the sale on the house. I did call Nancy Curry's office but no return call yet. (Granted I only called this morning)
Anyone have any solutions. Can I for example, file the original motion with the change, WITHOUT HAVING TO WAIT THE 21 DAYS AGAIN? I figured since no objection was received except for the Trustee and my change would address her objection directly??
Thoughts, comments......
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.

The post was migrated from Yahoo.

Amend the motion to pay 100%. When Trustee calls you back, explain what
happened and ask if Trustee will update the Trustee comments to "recommend
approval" instead of "request hearing." If creditors didn't object to 4%,
I can't see any reason why they should be given any extra time to object to
100%.
Clifford Bordeaux
Certified Bankruptcy Specialist*
Bordeaux Law, P.C.
3731 Wilshire Boulevard, Suite 600
Los Angeles, CA 90010
T: 323-762-5529
F: 626-628-1820
E: cliff@bordeauxlaw.com
WEB: www.bordeauxlaw.com
*By State Bar of California Board of Legal Specialization
On Wed, Jul 30, 2014 at 11:01 AM, 'Leventhal Law Group, P.C.' law@3yl.com
[cdcbaa] wrote:
>
>
> I can use some help from anyone in the group.
>
>
>
> Scenario:
>
>
>
> Existing Clients in a Chapter 13 plan for 11 months. Debtors now want to
> sell their home and use the equity to pay off all valid claims.
>
>
>
> I filed both Motion to sell real property and to modify the plan payment.
>
>
>
> The problem: The Motion to modify the plan had an error in it. Instead
> of paying 100% of the plan (Valid claims only) I put the 4% from the
> original plan. Of course the Trustee objected and now wants a hearing. The
> Trustee is Nancy Curry. Nothing from any creditor except the holder of the
> mortgage filed a non-opposition provided they are paid in full.
>
>
>
> I know the situation would be resolved in a hearing. However, that would
> take time and I do not want to risk my client losing the sale on the
> house. I did call Nancy Curry's office but no return call yet. (Granted I
> only called this morning)
>
>
>
> Anyone have any solutions. Can I for example, file the original motion
> with the change, WITHOUT HAVING TO WAIT THE 21 DAYS AGAIN? I figured since
> no objection was received except for the Trustee and my change would
> address her objection directly??
>
>
>
> Thoughts, comments......
>
>
>
> Jonathan Leventhal, Esq..
>
> Leventhal Law Group, P.C.
>
> 818-347-5800
>
>
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
>
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and any attachments thereto.
>
>
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
>
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.
>
>
>
>
>
Amend the motion to pay 100%. When Trustee calls you back, explain what happened and ask if Trustee will update the Trustee comments to "recommend approval" instead of "request hearing.&q
The post was migrated from Yahoo.

I can use some help from anyone in the group.
Scenario:
Existing Clients in a Chapter 13 plan for 11 months. Debtors now want to sell their home and use the equity to pay off all valid claims.
I filed both Motion to sell real property and to modify the plan payment.
The problem: The Motion to modify the plan had an error in it. Instead of paying 100% of the plan (Valid claims only) I put the 4% from the original plan. Of course the Trustee objected and now wants a hearing. The Trustee is Nancy Curry. Nothing from any creditor except the holder of the mortgage filed a non-opposition provided they are paid in full.
I know the situation would be resolved in a hearing. However, that would take time and I do not want to risk my client losing the sale on the house. I did call Nancy Curry's office but no return call yet. (Granted I only called this morning)
Anyone have any solutions. Can I for example, file the original motion with the change, WITHOUT HAVING TO WAIT THE 21 DAYS AGAIN? I figured since no objection was received except for the Trustee and my change would address her objection directly??
Thoughts, comments......
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.

The post was migrated from Yahoo.