Treating fully secured judgment creditor in a Chapter 13
Posted: Tue Dec 04, 2018 9:40 pm
Judgment creditors often record the Abstract in more than one County.
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> On Dec 4, 2018, at 9:03 PM, Mark Jessee jesseelaw@aol.com [cdcbaa] wrote:
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> Unsecured debt if there is no abstract recorded in the same county as the real property.
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> Mark T. Jessee
> Law Offices of Mark T. Jessee
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> In a message dated 12/4/2018 6:07:17 PM Pacific Standard Time, cdcbaa@yahoogroups.com writes:
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> I also just noticed something, the abstract of judgment is filed in Los Angeles County, and the property is in Orange County.
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> If theres not an abstract of judgment in OC, are they unsecured?
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> Sent: Tuesday, December 04, 2018 6:02 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Treating fully secured judgment creditor in a Chapter 13
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> No, it doesnt impair it at all. Thats the problem, Craig.
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> So if it doesnt youre saying that I need to pay it in full, whether there is the means to do that or not?
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> What a way to get shut out of a Chapter 13.
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> Or I guess I could do a 0 or 1% plan instead of the 30% plan I had wanted to do.
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> Or I could ask the secured judgment creditor in advance if theyd agree to put in a claim for less than the full amount of the secured claim. They may go for it.
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> Steve
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> Sent: Tuesday, December 04, 2018 5:35 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Treating fully secured judgment creditor in a Chapter 13
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> Does the judgment impair your debtor's homestead exemption?
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> I cannot tell from your facts. If it is fully secured because there is enough equity in the home to cover the judgment in full, you may end up with a feasibility issue with Amrane.
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> You have to list in on Schedule D. . If you are going to try to avoid the judgment lien, that has to be notated in the Plan as well as well with the motion to avoid..
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> Craig
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> Craig J. Beauchamp, Esq.
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> Attorney at Law
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> On Tue, Dec 4, 2018 at 5:02 PM 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
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> I have a fully secured judgment creditor for a significant sum who has an abstract of judgment on the Debtors residence.
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> Normally we have to pay secured creditors in full.
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> Here, theres not enough cash flow to pay them in full during the 5 years of the plan.
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> Can I treat them as unsecured and then absent an objection the plan can be confirmed?
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> It would be an Amrane Cohn case.
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> Steve
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> Law Offices of Steven B. Lever
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cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] Treating fully secured judgment creditor in a Chapter 13
Does the judgment impair your debtor's homestead exemption?
I cannot tell from your facts. If it is fully secured because there is enough equity in the home to cover the judgment in full, you may end up with a feasibility issue with Amrane.
You have to list in on Schedule D. . If you are going to try to avoid the judgment lien, that has to be notated in the Plan as well as well with the motion to avoid..
Craig
Craig J. Beauchamp, Esq.
Attorney at Law
1502 N. Main Street
Santa Ana, CA 92701
Mailing Address
PO Box 25857
Santa Ana, CA 92799
(949) 689-9709 direct line
(714) 835-5763 fax
Legallycraig@gmail.com
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept 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.
IMPORTANT NOTICE required by 11 U.S.C. 528: We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
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