charsetndows-1252
Yes, Peter stated it much better!
But seriously, Peter, are you saying that the "binds the creditor" language of 1327(a) is effectively the equivalent of the "operates as an injunction" language of 524(a) (2) and the universally found injunction language in a Chapter 11 plan?
While, in a Chapter 7, I know that a discharge injunction applies whether or not relief from stay was granted, I think you would have a statutory construction argument about 1327 when there is no stay.
Jason
JASON WALLACH, ESQ.
Gladstone Michel Weisberg Willner & Sloane, ALC
4551 Glencoe Avenue, Suite 300
Marina del Rey CA 90292-7925
Tel: (310) 821-9000
Direct: (310) 775-8725
Fax: (310) 775-8775
Email: jwallach@ gladstonemichel.com
www. gladstonemichel.com
Begin forwarded message:
> Date: February 9, 2012 5:42:28 PM PST
> To:
cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] FYI: Judge Bason dismissed cases today.....
> Reply-To:
cdcbaa@yahoogroups.com
>
> Peter better stated my "bomb-throwing" sarcasm.
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web:
http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this means at
http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, 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 in this communication.
>
> On 2/9/2012 5:37 PM, P L wrote:
>>
>> Debtor has an argument that the confirmed plan binds the creditors despite that the stay doesn't apply between the petition date and plan confirmation. Judge could have given the debtor a run for the goal line rather than dropping the guillotine. Moving up the confirmaiton would have been more equitable.
>> Peter M. Lively, JD, MBA
>> The Personal Financial Law Center
>> A-Bankruptcy-Attorney.com
>> Culver City (310) 391-2400
>>
>> To:
cdcbaa@yahoogroups.com
>> Sent: Thursday, February 9, 2012 5:10 PM
>> Subject: Re: [cdcbaa] FYI: Judge Bason dismissed cases today.....
>>
>>
>> For those of us that don't consider ourselves "bomb-throwers", that principle would be stated, "In a chapter 13 case in which the stay is not extended, any plan based on assets of the estate may be infeasible."
>> Jason Wallach
>>
jwallach@gladstonemichel.com
>>
>>
>>
>> On Feb 9, 2012, at 4:54 PM, Mark J. Markus wrote:
>>
>>>
>>> So by that interpretation of law, Judges have the power to unilaterally render a plan infeasible by denying the motion for extension of the stay?
>>>
>>> *************************
>>> Mark J. Markus
>>> Law Office of Mark J. Markus
>>> 11684 Ventura Blvd. PMB #403
>>> Studio City, CA 91604-2652
>>> (818)509-1173 (818)509-1460 (fax)
>>> web:
http://www.bklaw.com/
>>> This Firm is a Qualified Federal Debt Relief Agency (see what this means at
http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
>>> ________________________________________________
>>> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
>>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, 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 in this communication.
>>>
>>> On 2/9/2012 3:46 PM, R Grace Rodriguez wrote:
>>>>
>>>> Akihito Koyama
>>>> Judge Bason dismissed two cases today because the attorneys had not filed motions to extend the stay stating that the cases were infeasible due to the lack of an automatic stay.
>>>>
>>>>
>>>> --
>>>> R. Grace Rodriguez, Esq.
>>>> OFF: (818) 734-7223
>>>> CEL: (818) 554-9922
>>>>
>>>> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail 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.
>>>>
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>>>
>>
>>
>>
>
>
charsetndows-1252
Yes, Peter stated it much better!But seriously, Peter, are you saying that the "binds the creditor" language of 1327(a) is effectively the equivalent of the "operates as an injunction" language of 524(a) (2) and the universally found injunction language in a Chapter 11 plan?While, in a Chapter 7, I know that a discharge injunction applies whether or not relief from stay was granted, I think you would have a statutory construction argument about 1327 when there is no stay.Jason
-- JASON WALLACH, ESQ.Gladstone Michel Weisberg Willner & Sloane, ALC4551 Glencoe Avenue, Suite 300Marina del Rey CA 90292-7925Tel: (310) 821-9000Direct: (310) 775-8725Fax: (310) 775-8775Email: jwallach@ gladstonemichel.comwww. gladstonemichel.com
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