Reply-To: Gaurav Datta
X-Original-Return-Path: Gaurav Datta
To:
cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Can you clarify a few things:
1. Is the trustee rejecting the Florida statute you are citing to?
2. Is the trustee rejecting the value of the property you provided to them?
Based off of the info you presented, I can see why you'd want to keep H in
the dark. Seems like a really scary dude. As for finding the value of the
mortgage, aren't title companies privy to this sort of information? It may
be worth spending a few bucks to avoid having to call Ike Turner to ask for
the information.
*Gaurav Datta, Esq.,LL.M444 W. Ocean Blvd, Suite 1401*
*Long Beach, CA 90802Phone: 562-435-9062Fax: 562-281-6158*
*
www.dattalawgroup.com *
"My formula for success is rise early, work late, and strike oil."
- J. Paul Getty
On Thu, Nov 6, 2014 at 11:07 AM,
nclark@blclaw.com [cdcbaa] wrote:
>
>
> Debtor was the victim of domestic violance. During the 17 years she lived
> with her abuser husband, they purchased a house in Florida. Fearing for her
> life, debtor packed up her children and ran to a domestic violence shelter
> 19 years ago. She never filed for divorce or separation as she was told her
> husband was looking for her to "make her pay" for leaving him and she could
> be charged with kidnapping the children. Her names is still on the title of
> the property in Florida.
>
>
>
> Debtor filed a chapter 13 in RS, we listed the property in FL as abandoned
> in 1995 and we did a calculation based on the current FMV that the debtor
> might have a 24% interest in the property which we exempted. We provided a
> title report and zillow value but we do not know exactly how much is owed
> on the real property. Debtor is still afraid of her husband as her now
> adult son visited him several years ago and left the same day as he arrived
> after his father had showed him a room full of firearms and told his son a
> story about a man who hunted his wife down and killed her. I provided all
> this info to the tee but they want athority for our contention that her
> interest in the real property should be limited to 24%. I explained that FL
> is not a community property state and cited to FS 61.075. Does anyone have
> any other suggestions on what I might do to help the debtor. The trustee
> wants to increase her bayment by over $400 if not more which she cannot
> afford. Debtor is deathly afraid of her husband and does not want to
> involve him in her bk.
>
>
>
> Any suggestions?
>
>
>
> Nancy B. Clark
> Borowitz & Clark, LLP
> 100 N. Barranca Street, Suite 250
> West Covina, CA 91791
> Tel: (626) 332-8600
> Fax: (626) 332-8644
>
>
>
>
>
>
>
>
>
Can you clarify a few things:1. Is the trustee rejecting the Florida statute you are citing to?2. Is the trustee rejecting the value of the property you provided to them?Based off of the info you presented, I can see why you'd want to keep H in the dark. Seems like a really scary dude. As for finding the value of the mortgage, aren't title companies privy to this sort of information? It may be worth spending a few bucks to avoid having to call Ike Turner to ask for the information. Gaurav Datta, Esq.,LL.M444 W. Ocean Blvd, Suite 1401Long Beach, CA 90802Phone: 562-435-9062Fax: 562-281-6158www.dattalawgroup.com"My formula for success is rise early, work late, and strike oil."- J. Paul Getty
On Thu, Nov 6, 2014 at 11:07 AM,
nclark@blclaw.com [cdcbaa] <
cdcbaa@yahoogroups.com> wrote:
Debtor was the victim of domestic violance. During the 17 years she lived with her abuser husband, they purchased a house in Florida. Fearing for her life, debtor packed up her children and ran to a domestic violence shelter 19 years ago. She never filed for divorce or separation as she was told her husband was looking for her to "make her pay" for leaving him and she could be charged with kidnapping the children. Her names is still on the title of the property in Florida. Debtor filed a chapter 13 in RS, we listed the property in FL as abandoned in 1995 and we did a calculation based on the current FMV that the debtor might have a 24% interest in the property which we exempted. We provided a title report and zillow value but we do not know exactly how much is owed on the real property. Debtor is still afraid of her husband as her now adult son visited him several years ago and left the same day as he arrived after his father had showed him a room full of firearms and told his son a story about a man who hunted his wife down and killed her. I provided all this info to the tee but they want athority for our contention that her interest in the real property should be limited to 24%. I explained that FL is not a community property state and cited to FS 61.075. Does anyone have any other suggestions on what I might do to help the debtor. The trustee wants to increase her bayment by over $400 if not more which she cannot afford. Debtor is deathly afraid of her husband and does not want to involve him in her bk. Any suggestions?
Nancy B. Clark
Borowitz & Clark, LLP
100 N. Barranca Street, Suite 250
West Covina, CA 91791
Tel: (626) 332-8600
Fax: (626) 332-8644
The post was migrated from Yahoo.