Central District Consumer Bankruptcy Attorney's Association

Which LBRs deal with those lienholder identification issues referenced
below? I couldn't find them in the 3000 or 9000 series.
Law Offices of Louis J. Esbin
Sent: Tuesday, April 28, 2009 11:40 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] LAM Motion Service
Woodland Hills Bankruptcy Judges agree that senior lienholders need not be
served with LAM Motion. Be aware, however, that they are requiring greater
attention to the following:
1. Follow LBR on identifying effected lienholders in the caption, in the
body of the motion, and make sure that it is clear.
2. Follow LBR on setting forth the amount of the lienholder interest to be
effected.
3. If a claim has been filed, refer to the claim number on the claims
docket, the date filed, and the amount of the claim, in which case you may
not be required to attach claim, but judges will confer within one another
if reference is adequate notice (maybe trying to prevent system overload
with needless documents filed).
4. If a claim is not filed, need to establish priority of liens, amount and
proper party in interest. Use TILA and California Beneficiary Demand
Statement to obtain documents from lenders.
5. Don't forget to include unpaid real property taxes as priority to senior
lienholder. Has HOA perfected lien?
6. Check SOS website for agent for service of process for lenders and loan
servicers, and on that point, serve beneficiary under deed of trust and loan
servicer.
7. If no agent for service of process, and claim has not been filed with
address where notice should be sent, Google entity and look up in "contact
us" for any addresses to which service would be sent.
8. Admissible evidence of value.
The foregoing reflects issues raised during today's LAM Motion calender.
Lou Esbin
Yahoo! Groups Links
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Or as we discussed a while back, adding a checkbox or two to the Chapter 13
plan, as they do in Eastern District plans.

Chapter 13 Plan
[ ] Motion(s) to Value Collateral
[ ] Motion(s) to Avoid Lien
_____

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I will look into making recommendations to the Court in modifying the "RARA" when the Court requests
an update of it to make some sort of "room" for this specialization.??
Keith Alan Higginbotham
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
213.620.0176 (Office)
213.613.1200 (Fax)
Higginbothamlaw@aol.com
To: cdcbaa@yahoogroups.com
Sent: Wed, 29 Apr 2009 10:33 am
Subject: RE: [cdcbaa] LAM Motion Service
Indeed. I'd like to find someone who can do that, but I can't figure out
how to make that work in a Chapter 13 context. Problem is with our local
rules because it requires an attorney in a Chapter 13 case to handle every
aspect of the Ch. 13 case from start to finish (and, according to Hank
Toles, beyond). In a chapter 11 you could just theoretically hire special
counsel (upon approval by the court). It sucks (to use a legal term)
because there are a lot of Ch. 13 cases I don't feel like handling because
of the LAM motion (especially those that might end up in a certain downtown
courtroom) but I hate giving up the whole case just because of that.
*************************
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)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at

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Indeed. I'd like to find someone who can do that, but I can't figure out
how to make that work in a Chapter 13 context. Problem is with our local
rules because it requires an attorney in a Chapter 13 case to handle every
aspect of the Ch. 13 case from start to finish (and, according to Hank
Toles, beyond). In a chapter 11 you could just theoretically hire special
counsel (upon approval by the court). It sucks (to use a legal term)
because there are a lot of Ch. 13 cases I don't feel like handling because
of the LAM motion (especially those that might end up in a certain downtown
courtroom) but I hate giving up the whole case just because of that.
*************************
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)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at

The post was migrated from Yahoo.

When I first saw the subject line I thought somebody just does LAM
motions. For a set price=ey do it all. There's an idea for a niche
practice.
Marge Norman
On Wed, 29 Apr 2009 06:40:23 -0000
"Law Offices of Louis J. Esbin" wrote:
> Woodland Hills Bankruptcy Judges agree that senior lienholders need
>not be served with LAM Motion. Be aware, however, that they are
>requiring greater attention to the following:
>
> 1. Follow LBR on identifying effected lienholders in the caption,
>in the body of the motion, and make sure that it is clear.
> 2. Follow LBR on setting forth the amount of the lienholder
>interest to be effected.
> 3. If a claim has been filed, refer to the claim number on the
>claims docket, the date filed, and the amount of the claim, in which
>case you may not be required to attach claim, but judges will confer
>within one another if reference is adequate notice (maybe trying to
>prevent system overload with needless documents filed).
> 4. If a claim is not filed, need to establish priority of liens,
>amount and proper party in interest. Use TILA and California
>Beneficiary Demand Statement to obtain documents from lenders.
> 5. Don't forget to include unpaid real property taxes as priority
>to senior lienholder. Has HOA perfected lien?
> 6. Check SOS website for agent for service of process for lenders
>and loan servicers, and on that point, serve beneficiary under deed
>of trust and loan servicer.
> 7. If no agent for service of process, and claim has not been filed
>with address where notice should be sent, Google entity and look up
>in "contact us" for any addresses to which service would be sent.
> 8. Admissible evidence of value.
>
> The foregoing reflects issues raised during today's LAM Motion
>calender.
>
> Lou Esbin
>
Margaret Norman, Attorney
111 N. Sepulveda Blvd. #355
Manhattan Beach, Ca. 90266
310-376-7873
Fax-310-798-9846
WWW:Margeslaw.com
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Woodland Hills Bankruptcy Judges agree that senior lienholders need not be served with LAM Motion. Be aware, however, that they are requiring greater attention to the following:
1. Follow LBR on identifying effected lienholders in the caption, in the body of the motion, and make sure that it is clear.
2. Follow LBR on setting forth the amount of the lienholder interest to be effected.
3. If a claim has been filed, refer to the claim number on the claims docket, the date filed, and the amount of the claim, in which case you may not be required to attach claim, but judges will confer within one another if reference is adequate notice (maybe trying to prevent system overload with needless documents filed).
4. If a claim is not filed, need to establish priority of liens, amount and proper party in interest. Use TILA and California Beneficiary Demand Statement to obtain documents from lenders.
5. Don't forget to include unpaid real property taxes as priority to senior lienholder. Has HOA perfected lien?
6. Check SOS website for agent for service of process for lenders and loan servicers, and on that point, serve beneficiary under deed of trust and loan servicer.
7. If no agent for service of process, and claim has not been filed with address where notice should be sent, Google entity and look up in "contact us" for any addresses to which service would be sent.
8. Admissible evidence of value.
The foregoing reflects issues raised during today's LAM Motion calender.
Lou Esbin

The post was migrated from Yahoo.