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QUESTION: Chapter 13 Plan provides cram-down with no AP p=
Debtor must prosecute a 506 motion to bifurcate the vehicle debt into secured and unsecured,the plan provision showing the payment on debtor'sactprovisions.
Law Offices of Peter M. Lively
Personal Financial Law Center I
11965 Venice Blvd, Suite 301
Los Angeles, CA 90066-3977
310-899-0630
800-307-DEBT (3328)
Fax: 310-899-0632
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706 Newport Boulevard, Suite B
Costa Mesa, California 92627-3073
Telephone: 949-650-DEBT(3328)
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: Mon, January 25, 2010 7:22:51 PM
Subject: [cdcbaa] QUESTION: Chapter 13 Plan provides cram-down with no AP payments on 910 Vehicle. . . .
Just received a Motion for Relief from stay because plan has not yet been confirmed and Trustee isn't sending payments out yet. Not sure what to do with this one. The Trustee is receiving the payments. The Motion contends that $2,760 has come due and payable, and my argument in opposition is that $2,760 has not come due and payable because we modified their rights pursuant to bankruptcy law to cram-down. They did not oppose the the Chapter 13 Plan and its too late for them to do so.
Any suggestions for further handling of this issue other than just opposing the motion?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
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Debtor must prosecute a 506 motion to bifurcate the vehicle debt into secured and unsecured, the plan provision showing the payment on debtor's asserted secured portion is not enough to escapte the contract provisions. Peter M. Lively, J.D./M.B.A.Law Offices of Peter M. Lively Personal Financial Law Center I11965 Venice Blvd, Suite 301 Los Angeles, CA 90066-3977 310-899-0630 800-307-DEBT (3328)Fax: 310-899-0632 A-Bankruptcy-Attorney.com
Personal Financial Law Center II1706 Newport Boulevard, Suite BCosta Mesa, California 92627-3073Telephone: 949-650-DEBT(3328)
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.
From: R Grace Rodriguez <rgracelaw@gmail.com>To: cdcbaa@yahoogroups.comSent: Mon, January 25, 2010 7:22:51 PMSubject: [cdcbaa] QUESTION: Chapter 13 Plan provides cram-down with no AP payments on 910 Vehicle. . . .
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