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Debtor is in Chapter 13 Bankruptcy paying offer her
Okay. . . but here is the rub. . she is in a Chapter 13 to save two family
vehicles. That are 910 cars. So her payments on her car went from $1,200
down to like $500 bucks in the plan. If I convert, won't she have to
"redeem, reaffirm or surrender" the vehicles her family needs to get to and
from work? They don't have the money to make up the arrears and can't
afford to go back to paying $1,200 a month.
I'm a bit nervous about a dismissal/refile because if case is dismissed,
credit union, who has been ruthless will repo vehicles immediately. CU has
both loans and has let me know how angry they are about having these loans
crammed down.
I will keep helping debtor negotiate with hospital and doctors and threaten
conversion if they don't cooperate. Unless of course. . . my friends here
have alternative suggestion?
On Wed, May 12, 2010 at 10:09 PM, Dennis McGoldrick wrote:
>
>
> Convet to 7. Add debt to schedules. See 348(d).
>
> If debt to big to pay in full in 13, change in circumstances should allow
> conversion.
>
>
> Dennis McGoldrick
> 350 S. Crenshaw Bl., #A207B
> Torrance, CA 90503
>
> On May 10, 2010, at 9:46 AM, R Grace Rodriguez
> wrote:
>
>
>
> Maybe there is a simple answer to this but I'm just not seeing it. Client
> has confirmed plan and everything is fine. However, Debtor got very sick
> and had to have her gallbladder removed. She is uninsured and has huge
> medical expenses. Is there a way to add these medical bills to her debt to
> be discharged?
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (323) 304-5496
>
> 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.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and
> confidential information and is intended only for the individual named. If
> you are not the intended recipient you should not disseminate, distribute,
> store, print, copy or deliver this message. Please notify the sender
> immediately by e-mail if you have received this e-mail by mistake and delete
> this e-mail from your system.
>
>
>
>
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
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.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and delete
this e-mail from your system.
Okay. . . but here is the rub. . she is in a Chapter 13 to save two family vehicles. That are 910 cars. So her payments on her car went from $1,200 down to like $500 bucks in the plan. If I convert, won't she have to "redeem, reaffirm or surrender" the vehicles her family needs to get to and from work? They don't have the money to make up the arrears and can't afford to go back to paying $1,200 a month.
I'm a bit nervous about a dismissal/refile because if case is dismissed, credit union, who has been ruthless will repo vehicles immediately. CU has both loans and has let me know how angry they are about having these loans crammed down.
I will keep helping debtor negotiate with hospital and doctors and threaten conversion if they don't cooperate. Unless of course. . . my friends here have alternative suggestion?
On Wed, May 12, 2010 at 10:09 PM, Dennis McGoldrick <easky1@yahoo.com> wrote:
Convet to 7. Add debt to schedules. See 348(d).If debt to big to pay in full in 13, change in circumstances should allow conversion.Dennis McGoldrick
350 S. Crenshaw Bl., #A207BTorrance, CA 90503On May 10, 2010, at 9:46 AM, R Grace Rodriguez <rgracelaw@gmail.com> wrote:
Maybe there is a simple answer to this but I'm just not seeing it. Client has confirmed plan and everything is fine. However, Debtor got very sick and had to have her gallbladder removed. She is uninsured and has huge medical expenses. Is there a way to add these medical bills to her debt to be discharged?
-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (323) 304-5496NO 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.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (323) 304-5496NO 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.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
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Dear Grace,
Post-petition debts are not discharged in the bankruptcy - either upon plan completion, or through a hardship discharge under 1328(b) - because a Chapter 13 discharge only discharges debts "provided for by the plan or disallowed under section 502" (11 U.S.C. 1328(a) and (c)).
However, if your client has had a material change in her financial circumstances that renders her eligible for Chapter 7 relief, she can convert. See 1307(a), Fed. R. Bankr. P. 1017(f)(3), and 1019(5), where the debtor is instructed to include post-confirmation debts in the converted case. Then those post (Chapter 13) petition debts will be discharged (if they are dischargeable - i.e. they don't fall within the ambit of any of the 523(a) exceptions) in the Chapter 7 pursuant to 11 U.S.C. 348(a) and (d).
Good luck.
All the best,
Nick
Nicholas Gebelt, Ph.D., J.D.
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com
Web: www.goodbye2debt.com
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at
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