Question re: Motion for authority to incur debt: Form 301=
Posted: Thu Dec 22, 2011 8:50 am
There is a local rule regarding what is required to change a mandatory form, it involves a declaration as to the changes.
Peter M. Lively, JD, MBA
The Personal Financial Law Center
A-Bankruptcy-Attorney.com
Culver City (310) 391-2400
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, December 21, 2011 6:35 PM
Subject: [cdcbaa] Question re: Motion for authority to incur debt: Form 3015-1.17
My debtor doesn't yet have a confirmed plan. Confirmation is on January 9, 2012, and we are still hashing out some expenses on the POC of the secured lender on the primary residence so I suppose there is a possibility of the confirmation being continued. An objection to the POC was filed and the hearing is on the same day as confirmation. We have a 100% plan since the debtor only owes $1,400 unsecured debt,and back mortgage.
The issue is, she needs to get a loan ASAP to repair her roof. It was damaged from some recent high winds. The loan would be from the SBA and it is for "disaster assistance". Form 3015-1.17 is a motonto incur debtfor "personal property". I don't think a roof would be considered "personal property"since it's affixed to real property.Can I still use this form, or do I need to create my own? Also, the form seems to suggest thatwe would have to have a confirmed plan before I could seek permission for the debtor to incur this debt. Is that the case? Can someone offer me some guidance here? The SBA said they would give her a loan but they need a court order from the BK court. It's VZ.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
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