6 Month Plan?
Posted: Tue Jun 01, 2010 6:46 pm
Peter: Thank you for directing me to the materials and thank you for the article. Not only is it helpful but well reasoned. Clearly the time is now to extend lien stripping to Chapter 7 cases. Although I like the idea of the Chapter 13 route, I do not want to keep my debtor in a Chapter 13 for a full three years. Thanks again. Simon.
>
> See the group library forthematerials from the 5/22 MCLE.
> Peter M. Lively, JD/MBA
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
> Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
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> Personal Financial Law Center II - Costa Mesa, CA
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> ________________________________
> To: cdcbaa@yahoogroups.com
> Sent: Tue, June 1, 2010 6:15:43 PM
> Subject: [cdcbaa] Re: 6 Month Plan?
>
>
> Peter: Under what theory can a consensual lien be stripped in Chapter 7? It was my understanding that this could only be done in a Chapter 13. Any way, Kagenveama seems fairly clear with regard to the Commitment Period and a limitation to above-median debtors makes no sense. That said, I was looking for, and do appreciate, the real life experience of our members on this one. Thanks again. Simon.
>
> --- In cdcbaa@yahoogroups.com, P L wrote:
> >
> > Sounds like what yourclient needs is to strip-off the lien while in Chapter7.Jim and I are working together on a couple ofhis cases right now; one by motion one> > Peter M. Lively, JD/MBA
> > Law Office of Peter M. Lively * Personal Financial Law Center I
> > 11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
> > Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
> > A-Bankruptcy-Attorney.com
> > Personal Financial Law Center II - Costa Mesa, CA
> >
> >
> > THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
> >
> >
> >
> >
> > ________________________________
> > To: cdcbaa@yahoogroups.com
> > Sent: Tue, June 1, 2010 4:13:11 PM
> > Subject: Re: [cdcbaa] 6 Month Plan?
> >
> >
> > You seem to be talking about the In re Kagenveama case. In practice, Chapter 13 trustees take the position that the holding in that case applies only to above-median debtors and that below-median debtors are still bound to the minimum 3 year plan. You usually have to pay at least $100 per month -- I've tried to pay less and to have a plan for less than a year to no avail.
> >
> >
> > On Tue, Jun 1, 2010 at 3:10 PM, encino1000 wrote:
> >
> >
> > >I should add that the Debtor has ZERO disposible monthly income under I and J. I thought the law was that there was no required Commitment Period under such circumstances. Thanks again. Simon.
> > >
> > >
> > >--- In cdcbaa@yahoogroups. com, Giovanni Orantes wrote:
> > >>
> > >> I see you're venturing into non-business bankruptcy. We've met before in
> > >> business bankruptcy cases, but the last time was quite a while ago while I
> > >> was working at Winthrop Couchot. In any event, the minimum commitment
> > >> period for a person under the median is three years unless the person pays
> > >> 100% to unsecureds. Another warning is that the Chapter 13 trustee will
> > >> require her to turn over tax refunds during that period, if she has any.
> > >>
> > >
> > >> On Tue, Jun 1, 2010 at 2:33 PM, encino1000 wrote:
> > >>
> > >> >
> > >> >
> > >> > What is the shortest Commitment Period that I can realistically propose in
> > >> > a Chapter 13 plan. My debtor is below median and has no arrearages to cure
> > >> > or priority claims. Rather, she would like to strip a lien and then get out
> > >> > of Dodge. Any thoughts on the subject. Thanks for your help as always.
> > >> > Simon.
> > >> >
> > >> > Simon J. Dunstan
> > >> > HUGHES & DUNSTAN, LLP
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> > >> >
> > >> >
> > >>
> > >>
> > >>
> > >
> > >> --
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> > --
> > Giovanni Orantes, Esq.
> > Orantes Law Firm, P.C.
> > 3435 Wilshire Blvd. Suite 1980
> > Los Angeles, CA 90010
> > Tel: (213) 389-4362
> > Phone: (888) 619-8222 x101
> > Fax: (877) 789-5776
> > e-mail: go@
> > website: www.gobklaw. com
> >
> > WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
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> > SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.
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> > Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail > >
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