Adequate time to cure discharge violation? =C2=A0=C2=A0 H=
Posted: Thu May 21, 2015 11:27 am
If you can reach the responsible person by telephone and follow up with discharge violation and is willing to stop the garnishment and refund the wrongfully garnished funds. The relevant factor is communication with the creditor regarding the issue and an indication of the creditor's willingness to comply. 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 Thursday, May 21, 2015 10:52 AM, "'Stella Havkin' havkinlaw@earthlink.net [cdcbaa]" wrote:
mailto:cdcbaa@yahoogroups.com]
Sent: Thursday, May 21, 2015 9:40 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Adequate time to cure discharge violation? Hi all, I have a client who filed for a Chapter 7 Bankruptcy in 2005 and was discharged in 2006 in a no asset case. She had a judgment against her from 2004. She is now being garnished by the judgment creditor, who was listed in the bankruptcy, and is struggling to pay bills. She not only needs the garnishments to stop immediately, but she really needs her garnish funds to be returned to her ASAP so she can afford to pay rent for next month. I am writing a demand letter with the threat of bringing an OSC motion in bankruptcy court if they don't comply. How much time is adequate time to cure in the eyes of the judges in CDCA (this is an orange county case but the judge, JR, is no longer on the bench down there)??? I would hate to make the demand, take this to court, and then get the matter kicked out because I didn't give them adequate time. On the other hand, she really needs her money back now. She's a single mom with 3 kids and barely makes ends meet as it is. 444 W. Ocean Blvd, Suite 1401Long Beach, CA 90802
Phone: 562-435-9062
Fax: 562-281-6158www.dattalawgroup.com "My formula for success is rise early, work late, and strike oil."
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