Central District Consumer Bankruptcy Attorney's Association

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Jeff:
Looking at the "good book" again, you may be right. I have just filed and
served them and not worried about this in the past. On the other hand, I
don't see any harm in doing so because the creditor can then correct the POC
at any time.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Jeffery B Smith
Sent: Thursday, May 07, 2009 10:02 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: LAM Timing question
Regarding Davids post to file the claim for the creditor, I always thought
that the debtor had to wait until after the claim deadline to file a claim
for a creditor. Am I wrong about that? Im away from my Code book so I
cant look it up right now. I think its 501 or 502.
-Jeffrey B. Smith
CURD, GALINDO & SMITH, L.L.P.
301 East Ocean Blvd. #1700
Long Beach, CA 90802
(562) 624-1177
(562) 624-1178 fax
(310) 993-6560 cellular
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Message
Jeff:

Looking at the "good book"
again, you may be right. I have just filed and served them and not worried
about this in the past. On the other hand, I don't see any harm in doing
so because the creditor can then correct the POC at any
time.

David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

Regarding David's post to file the claim for the creditor, I always thought
that the debtor had to wait until after the claim deadline to file a claim
for a creditor. Am I wrong about that? I'm away from my Code book so I
can't look it up right now. I think its 501 or 502.
-Jeffrey B. Smith
CURD, GALINDO & SMITH, L.L.P.
301 East Ocean Blvd. #1700
Long Beach, CA 90802
(562) 624-1177
(562) 624-1178 fax
(310) 993-6560 cellular

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You file an Alias Summons and name and serve the correct party.
Nancy B. Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of my firm shall be understood as neither given nor endorsed by it.
IRS Circular 230 Disclosure: To ensure compliance with Treasury Department Regulations, we advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication was
not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions or (ii) promoting, marketing or recommending to another party any tax-related matter addressed herein.
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What does EC do if the creditor in question files its POC after youve filed
your adversary and it turns out theyre different than the party on the
original note?

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I dont think I was clear. It is good to have the POC because the note is usually attached and you can check the note to see if the original note holder is the same as the entity filing the POC and servicing the loan. Judge E. Carroll requires that you prove that the have served the correct party in the AP. If the note was originally held by a different entity than the one filing the POC, you will either need a Stipulation from that entity that they hold the note or that they have are in a position to speak for the actual note holder. If you file the note, this will not be accomplished.
In addition, if you do succeed in stripping the lien, the claim of the second mortgage becomes an unsecured claim. If you file a percentage plan, the claim will be factored into the unsecured creditors. However, if there is no POC filed then and the claims bar date passes, then they waive their right to payment in the 13.
Nancy B. Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of my firm shall be understood as neither given nor endorsed by it.
IRS Circular 230 Disclosure: To ensure compliance with Treasury Department Regulations, we advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication was
not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions or (ii) promoting, marketing or recommending to another party any tax-related matter addressed herein.
________________________________

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Thanks, Nancy!

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File a proof of claim for the creditor.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Nancy Clark
Sent: Tuesday, May 05, 2009 5:32 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] LAM Timing question
The only Judge I know that requires a debtor to pay the mortgage that is
going to be stripped is Judge E. Carroll. She requires an AP and will not
approve a Motion to Suspend payments. She is also looking for a step payment
when the adversary is completed. It is better to have the POC on file before
filing the AP but your client cannot afford to wait. In anticipation of an
AP being filed it may be months if ever before the second mortgage files the
POC. Your best bet is to get a copy of the note and the last statement
received by the debtor prior to filing.
Nancy B. Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
Privileged/Confidential Information may be contained in this message. If you
are not the addressee indicated in this message (or responsible for delivery
of the message to such person), you may not copy or deliver this message to
anyone. In such case, you should destroy this message and kindly notify the
sender by reply email. Please advise immediately if you or your employer
does not consent to Internet email for messages of this kind. Opinions,
conclusions and other information in this message that do not relate to the
official business of my firm shall be understood as neither given nor
endorsed by it.
IRS Circular 230 Disclosure: To ensure compliance with Treasury Department
Regulations, we advise you that, unless otherwise expressly indicated, any
federal tax advice contained in this communication was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or applicable state or
local tax law provisions or (ii) promoting, marketing or recommending to
another party any tax-related matter addressed herein.
_____

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No. You just have to get the Motion or AP on calendar before the
confirmation hearing. Don't wait until the day before the confirmation
hearing though.
Nancy B. Clark
Borowitz, Lozano & Clark, L.L.P.
________________________________

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Thanks. Perhaps I didn't ask my question correctly. For all judges OTHER
than EC, is it necessary to file a Motion to suspend mortgage payments
pending resolution of the LAM Motion/Adversary, in order to satisfy the Ch.
13 Trustee in the case, or are they all just fine with it without any motion
being filed?
*************************
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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The only Judge I know that requires a debtor to pay the mortgage that is
going to be stripped is Judge E. Carroll. She requires an AP and will
not approve a Motion to Suspend payments. She is also looking for a step
payment when the adversary is completed. It is better to have the POC on
file before filing the AP but your client cannot afford to wait. In
anticipation of an AP being filed it may be months if ever before the
second mortgage files the POC. Your best bet is to get a copy of the
note and the last statement received by the debtor prior to filing.
Nancy B. Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
Privileged/Confidential Information may be contained in this message. If
you are not the addressee indicated in this message (or responsible for
delivery of the message to such person), you may not copy or deliver
this message to anyone. In such case, you should destroy this message
and kindly notify the sender by reply email. Please advise immediately
if you or your employer does not consent to Internet email for messages
of this kind. Opinions, conclusions and other information in this
message that do not relate to the official business of my firm shall be
understood as neither given nor endorsed by it.
IRS Circular 230 Disclosure: To ensure compliance with Treasury
Department Regulations, we advise you that, unless otherwise expressly
indicated, any federal tax advice contained in this communication was
not intended or written to be used, and cannot be used, for the purpose
of (i) avoiding tax-related penalties under the Internal Revenue Code or
applicable state or local tax law provisions or (ii) promoting,
marketing or recommending to another party any tax-related matter
addressed herein.
________________________________

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