Central District Consumer Bankruptcy Attorney's Association

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Bond reimbursement/indemnity is dischargeable. In re Hamada
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.
jonhayes6666
Sent: Friday, November 05, 2010 12:08 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: Needed: Chapter 11 Counsel where PC has large judgment
against him
I represented a judgment creditor once where the debtor had posted a bond.
My client would not drop the demand one cent - he told me several times that
he was earning 10% on this "investment" which is guaranteed because of the
bond so why take less. We had to jump through a few hoops but eventually got
every cent. Jon
Shamash wrote:
>
> Wouldn't that be non-dischargeable? Attachment of bond security interest
would relate back. This creditor would also control - unless you have an
impaired class, and even then.
>
> Creditor would also file for relief - in this instance (cash bond as
opposed to a residence) tough to beat, my humble opinion.
>
> On another note WOW $6.5m for malicious prosecution that was then affirmed
on appeal? May not be considered a "nice person and probably the type to
illicit a Chapter 11 Trustee.
>
> Good Luck, I thought you did 11s.
>
> CS
>
>
>
> Sent from my iPhone
>
> On Nov 4, 2010, at 8:48 AM, "Kenneth Schwartz"
wrote:
>
>
>
> Former client (I represented him in various real estate matters) has asked
me to assist him in procuring Chapter 11 counsel. His situation is that he
lost a case wherein a $6.5 million malicious prosecution judgment was
awarded against him. He put up a $8 million cash bond for appeal, and the
appellate court affirmed the judgment yesterday.
>
> His query is does he have any flexibility, or are there any advantages in
an 11 vis-a-vis the judgment creditor?
>
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Message
Bond
reimbursement/indemnity is dischargeable. In re Hamada



David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

This would not be my cup of tea
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, 12th Floor
Woodland Hills, California 91364-2203
Telephone: (818) 226-1205
Facsimile: (818) 226-1213
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________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Thu, November 4, 2010 8:57:47 AM
Subject: Re: [cdcbaa] Needed: Chapter 11 Counsel where PC has large judgment
against him
Wouldn't that be non-dischargeable? Attachment of bond security interest would
relate back. This creditor would also control - unless you have an impairedclass, and even then.
Creditor would also file for relief - in this instance (cash bond as opposed to
a residence) tough to beat, my humble opinion.
On another note WOW $6.5m for malicious prosecution that was then affirmed on
appeal? May not be considered a "nice person and probably the type to illicit
a Chapter 11 Trustee.
Good Luck, I thought you did 11s.
CS
Sent from my iPhone
On Nov 4, 2010, at 8:48 AM, "Kenneth Schwartz" wrote:
>Former client (I represented him in various real estate matters) has asked me to
>assist him in procuring Chapter 11 counsel. His situation is that he lost a
>case wherein a $6.5 million malicious prosecution judgment was awarded against
>him. He put up a $8 million cash bond for appeal, and the appellate court>affirmed the judgment yesterday.
>
>
>His query is does he have any flexibility, or are there any advantages in an 11
>vis-a-vis the judgment creditor?
>
>
This would not be my cup of tea Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, 12th FloorWoodland Hills, California 91364-2203Telephone: (818) 226-1205Facsimile: (818) 226-1213THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS
STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.From: Charles Shamash <CS@locs.com>To: "cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com>Sent: Thu, November 4, 2010 8:57:47 AMSubject: Re: [cdcbaa] Needed: Chapter 11 Counsel where PC has large judgment against him

Wouldn't that be non-dischargeable? Attachment of bond security interest would relate back. This creditor would also control - unless you have an impaired class, and even then. Creditor would also file for relief - in this instance (cash bond as opposed to a residence) tough to beat, my humble opinion. On another note WOW $6.5m for malicious prosecution that was then affirmed on appeal? May not be considered a "nice person and probably the type to illicit a Chapter 11 Trustee. Good Luck, I thought you did 11s. CSSent from my iPhoneOn Nov 4, 2010, at 8:48 AM, "Kenneth Schwartz" <kennethjschwartz@yahoo.com>
wrote:

Former client (I represented him in various real estate matters) has asked me to assist him in procuring Chapter 11 counsel. His situation is that he lost a case wherein a $6.5 million malicious prosecution judgment was awarded against him. He put up a $8 million cash bond for appeal, and the appellate court affirmed the judgment yesterday.
His query is does he have any flexibility, or are there any advantages in an 11 vis-a-vis the judgment creditor?

The post was migrated from Yahoo.