I have not done it but if I was faced with that situation, I would just
file it. Motion for Order Confirming Lender May Refinance Obligation
against Real Property Without Violating Discharge Injunction.
Explain the situation so that court is sympathetic. I would recommend
against having a caption like what you wrote in the subject line.
Refinancing Discharged Debt has a negative connotation.
In the prayer you may also want to include, "or in the alternative, for the
Court to deny this motion because it is clear that refinancing a lien on
property would not violate the discharge injunction." I have had Judge Kwan
deny my emergency motion to open a case. He just opened the case and set my
OSC for hearing.
I am making this stuff up though but it should work.
Sincerely,
*Michael Avanesian, Esq. *
Simon Resnik Hayes, LLP
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
Tel: 818.783.6251 | Cel: 818.817.1725
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On Fri, Apr 10, 2015 at 8:26 AM, Catherine Christiansen
christiansenlaw@yahoo.com [cdcbaa] wrote:
>
>
> I have used the court forms and submitted the order at the same time. No
> hearing. It is automatic. I did this because the lender refused to
> negotiate loan modification without this comfort order.
>
>
> Law Office of Catherine Christiansen
> Certified Specialist, Bankruptcy Law, The State Bar of California Board of
> Legal Specialization.
>
>
>
>
>
>
>
> On Thursday, April 9, 2015 3:43 PM, "nancy korompis
korompisn@yahoo.com
> [cdcbaa]" wrote:
>
>
>
> Has anyone had any experience on obtaining this from the court?
>
> This was an alternative request by lender to reaffirming the mortgage debt.
>
> Thank you.
>
> Best regards,
>
>
> Nancy Korompis
> Tel: (626) 716-7763
>
>
>
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I have not done it but if I was faced with that situation, I would just file it. Motion for Order Confirming Lender May Refinance Obligation against Real Property Without Violating Discharge Injunction.Explain the situation so that court is sympathetic. I would recommend against having a caption like what you wrote in the subject line. Refinancing Discharged Debt has a negative connotation.In the prayer you may also want to include, "or in the alternative, for the Court to deny this motion because it is clear that refinancing a lien on property would not violate the discharge injunction." I have had Judge Kwan deny my emergency motion to open a case. He just opened the case and set my OSC for hearing.I am making this stuff up though but it should work.Sincerely,Michael Avanesian, Esq.Simon Resnik Hayes, LLP15233 Ventura Blvd., Suite 250Sherman Oaks, CA 91403Tel: 818.783.6251 | Cel: 818.817.1725Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
On Fri, Apr 10, 2015 at 8:26 AM, Catherine Christiansen
christiansenlaw@yahoo.com [cdcbaa] <
cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.