Central District Consumer Bankruptcy Attorney's Association

I don't recall that the handout for last month's seminar was posted to the
listserv.
Gerry
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
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Familiar story from our recent HOA CLE, the bank did not take the house & the HOA fees kept running. Take a look at those cases in that presentation. Look at in re watt out of Oregon.
Sent from my iPhone
> On Mar 13, 2015, at 1:44 PM, patricia said patriciahsaid@yahoo.com [cdcbaa] wrote:
>
> I have a Chapter 13 client who surrendered his residence post confirmation and the plan was modified to reflect this change. An order was entered by the court granting the momod over a year ago. . However bank continues to send the debtor notice of payment change on the mortgage and information about the insurance that they have placed on the property, despite my letters informing them of the entered order modifying the plan.
> I would welcome any suggestions as to how to proceed, since the plan will end this year.
> Thank you.
> Pat Said.
>
> Patricia Said
> Attorney at Law
> 13443 McCormick Street
> Sherman Oaks, CA 91401
> (818)789-0781 fax (818)789-5820
> patriciahsaid@yahoo.com
>
> This electronic message contains information from the Law Office of Patricia Said which may be privileged and confidential.
> The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.
>

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Patricia,
1329 refers to 1325(a)(5)(C) which I interpret as providing for confirmation of a planwhere debtorindicates the willingness and intent to surrendercollateral to a secured creditor.
Thisdoesn't necessarily mean that the creditor is required to accept the collateral from the debtor, in the case of real property.
After the discharge date, there may bea discharge injunction violation issue if such notices continue and constitute collection from the debtor on the claim.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 Friday, March 13, 2015 1:44 PM, "patricia said patriciahsaid@yahoo.com [cdcbaa]" wrote:
I have a Chapter 13 client who surrendered his residence post confirmation and the plan was modified to reflect this change.mod over a year ago. . However bank continues to send thedebtor notice of payment change on the mortgage and information about the insurance thatthey have placed on the property, despite my letters informing them of the entered order modifyingthe plan. I would welcome any suggestions as to how to proceed, since the plan will end this year. Thank you.Pat Said. Patricia SaidAttorney at Law13443 McCormick StreetSherman Oaks, CA 91401(818)789-0781 fax (818)789-5820patriciahsaid@yahoo.comThis electronic message contains information from the Law Office ofPatricia Said whichmay beprivileged and confidential.
The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive thi
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ation and the plan was modified to reflect this change.An order was entered by the courtgranting the momod over a year ago. . However bank continues to send thedebtor notice of payment change on the mortgage and information about the insurance thatthey have placed on the property, despite my letters informing them of the entered order modifyingthe plan. I would welcome any suggestions as to how to proceed, since the plan will end this year. Thank you.Pat Said. 401(818)789-0781 fax (818)789-5820patriciahsaid@yahoo.com
This electronic message contains information from the Law Office ofPatricia Said whichmay beprivileged and confidential.
The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.

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