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Converting a closed 7 to a Ch 13.
Case law for revoking a 7 discharge is tough. No cause to revoke. So still Ch 20 issues.
Sent from my iPhone
On Mar 31, 2011, at 12:22 PM, "David A. Tilem" wrote:
> Move to reopen and convert
>
>
>
> 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.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
shawnswhite
> Sent: Thursday, March 31, 2011 12:06 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Converting a closed 7 to a Ch 13.
>
>
> I just had a meeting with a potential client. I believe their previous
> bankruptcy attorney (not a member of this group) committed malpractice. He is a great candidate for a Ch 13, upside down on the first mortgage with a 2nd
> mortgage in need of a lien strip and an income that is sufficient to make a plan
> payment.
>
> The other attorney charged him for a Ch 13 and then told him he didn't qualify for a 13 and told him to file a 7 - which the client did. The 7 was discharged in January 2011. The only issue with qualifying for a 13 was a deficiency on a previous foreclosed residence that if owed put him over the unsecured limit.
>
> However that debt was contingent, unliquidated, purchase money i.e. did not count towards the unsecured total. I think any attorney in this group would have filed the 13 and had no problem getting his plan confirmed.
>
> He came to me hoping to do a Ch 20 to get a discharge of the 2nd mortgage.
>
> Is it possible or necessary to file a motion to reopen his case to
> convert it to a 13? or can I just file the 13? can he get a 2nd discharge?
>
> Thank you.
>
> Shawn
>
>
>
Case law for revoking a 7 discharge is tough. No cause to revoke. So still Ch 20 issues.Sent from my iPhoneOn Mar 31, 2011, at 12:22 PM, "David A. Tilem" <DavidTilem@TilemLaw.com> wrote:
Move to reopen and
convert
David A.
Tilem
The post was migrated from Yahoo.
charset="windows-1251"
Move to reopen and convert
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.
shawnswhite
Sent: Thursday, March 31, 2011 12:06 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Converting a closed 7 to a Ch 13.
I just had a meeting with a potential client. I believe their previous
bankruptcy attorney (not a member of this group) committed malpractice. He
is a great candidate for a Ch 13, upside down on the first mortgage with a
2nd
mortgage in need of a lien strip and an income that is sufficient to make a
plan
payment.
The other attorney charged him for a Ch 13 and then told him he didn't
qualify for a 13 and told him to file a 7 - which the client did. The 7 was
discharged in January 2011. The only issue with qualifying for a 13 was a
deficiency on a previous foreclosed residence that if owed put him over the
unsecured limit.
However that debt was contingent, unliquidated, purchase money i.e. did not
count towards the unsecured total. I think any attorney in this group would
have filed the 13 and had no problem getting his plan confirmed.
He came to me hoping to do a Ch 20 to get a discharge of the 2nd mortgage.
Is it possible or necessary to file a motion to reopen his case to
convert it to a 13? or can I just file the 13? can he get a 2nd discharge?
Thank you.
Shawn
charset="windows-1251"
Message
Move to reopen andconvert
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
I just had a meeting with a potential client. I believe their previous
bankruptcy attorney (not a member of this group) committed malpractice. He is a great candidate for a Ch 13, upside down on the first mortgage with a 2nd
mortgage in need of a lien strip and an income that is sufficient to make a plan
payment.
The other attorney charged him for a Ch 13 and then told him he didn't qualify for a 13 and told him to file a 7 - which the client did. The 7 was discharged in January 2011. The only issue with qualifying for a 13 was a deficiency on a previous foreclosed residence that if owed put him over the unsecured limit.
However that debt was contingent, unliquidated, purchase money i.e. did not count towards the unsecured total. I think any attorney in this group would have filed the 13 and had no problem getting his plan confirmed.
He came to me hoping to do a Ch 20 to get a discharge of the 2nd mortgage.
Is it possible or necessary to file a motion to reopen his case to
convert it to a 13? or can I just file the 13? can he get a 2nd discharge?
Thank you.
Shawn
The post was migrated from Yahoo.