Validity of Ch. 13 LAM/oops
Posted: Fri Apr 29, 2011 1:58 pm
charsetndows-1252
OOPs, please disregard my last message....
Jason
On Apr 29, 2011, at 1:42 PM, Jason Wallach wrote:
> I was working on it when the Staff Appreciation Day Luncheon started. ETA 3pm.
>
> Jason
> On Apr 29, 2011, at 1:14 PM, P L wrote:
>
>>
>>
>> RN granted by motion for my ch11 clients 10-29429.
>>
>> Peter M. Lively, JD, MBA
>>
>> The Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT
>>
>>
>>
>>
>> To: cdcbaa@yahoogroups.com
>> Sent: Fri, April 29, 2011 12:13:17 PM
>> Subject: Re: [cdcbaa] Validity of Ch. 13 LAM order on conversion to Chapter 11
>>
>>
>> Mark: I haven't seen or thought of a LAM motion in a Chapter 11, but that doesn't mean it isn't out there or possible. Hopefully the others can share their experiences on this.
>>
>> Jason
>> On Apr 29, 2011, at 10:13 AM, Mark J. Markus wrote:
>>
>>>
>>> I agree I would need a new order (or modification of the prior order). But are you saying one cannot do a "Lam Motion" in a Chapter 11? In other words, you just do a 506 motion and then you have to do a separate adversary regardless? Or is there some other method? This would be a Valley case, just FYI.
>>>
>>>
>>> *************************
>>> Mark J. Markus
>>> Law Office of Mark J. Markus
>>> 11684 Ventura Blvd. PMB #403
>>> Studio City, CA 91604-2652
>>> (818)509-1173 (818)509-1460 (fax)
>>> web: http://www.bklaw.com/
>>> This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
>>> ________________________________________________
>>> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
>>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>>>
>>> On 4/29/2011 9:58 AM, Jason Wallach wrote:
>>>>
>>>> You need a new order, in part because of the limitations on a LAM motion. Bank probably didn't oppose the LAM motion; if it had counsel, maybe they will stipulate to an order avoiding the lien on 506 grounds?
>>>> Jason
>>>> On Apr 28, 2011, at 4:55 PM, Mark J. Markus wrote:
>>>>
>>>>>
>>>>>
>>>>> Debtor filed a Chapter 13 case, filed a LAM motion which was
>>>>> granted. The order has language that says that it isn't effective
>>>>> until discharge in the CHAPTER 13, etc. It specifically references
>>>>> "chapter 13".
>>>>>
>>>>> Turns out, debtor omitted some debts from their petition and is not
>>>>> eligible for Chapter 13. If I take on the case and convert to Ch.
>>>>> 11, will the prior Order be binding, or do I need to file an
>>>>> entirely new LAM motion, or is there some easier way to modify the
>>>>> prior order under Rule 60(b)?
>>>>>
>>>>> Weird, I know....Clients---go figure....
>>>>>
>>>>> *************************
>>>>> Mark J. Markus
>>>>> Law Office of Mark J. Markus
>>>>> 11684 Ventura Blvd. PMB #403
>>>>> Studio City, CA 91604-2652
>>>>> (818)509-1173 (818)509-1460 (fax)
>>>>> web: http://www.bklaw.com/
>>>>> This Firm is a Qualified Federal Debt Relief Agency (see what this
>>>>> means at
>>>>> http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
>>>>> ________________________________________________
>>>>> NOTICE: This Electronic Message contains information from the law
>>>>> office of Mark J. Markus that may be privileged. The information is
>>>>> intended for the use of the addressee only. If you are not the
>>>>> addressee, note that any disclosure, copy, distribution or use of
>>>>> the contents of this message is prohibited.
>>>>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
>>>>> imposed by the IRS, we inform you that any U.S. tax advice contained>>>>> in this communication (or in any attachment) is not intended or
>>>>> written to be used, and cannot be used, for the purpose of (i)
>>>>> avoiding penalties under the Internal Revenue Code or (ii)
>>>>> promoting, marketing or recommending to another party any
>>>>> transaction or matter addressed in this communication.
>>>>>
>>>>>
>>>>
>>>
>>
>>
>
>
>
charsetndows-1252
OOPs, please disregard my last message....JasonOn Apr 29, 2011, at 1:42 PM, Jason Wallach wrote:
I was working on it when the Staff Appreciation Day Luncheon started. ETA 3pm.JasonOn Apr 29, 2011, at 1:14 PM, P L wrote:
RN granted by motion for my ch11 clients 10-29429. Peter M. Lively, JD, MBAThe Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT
From: Jason Wallach <
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