We did that already, but the creditor only succeeded in filing additional
claims.
On Fri, Sep 20, 2019 at 12:24 PM 'Peter M. Lively'
petermlively2000@yahoo.com [cdcbaa] wrote:
>
>
> Send a letter to both claimants requesting withdrawal of the duplicate
> claim and calling attention to 11 USC 152(4) and (5).
>
> Peter M. Lively, J.D., M.B.A.
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310)
> 391-2462
>
>
> On Friday, September 20, 2019, 12:12:41 PM PDT, Hale Andrew Antico
>
bk.lawyer@gmail.com [cdcbaa] wrote:
>
>
>
>
> I think the bench is wary about attorneys doing claims objections which
> may not provide an economic benefit to the debtor or others creditors. For
> an extreme example, objecting to a late claim of a dollar and then
> submitting a fee app for hundreds of dollars would get on his radar. On the
> other hand, objecting to a creditor who filed a claim for arrearages that
> were $5000 too high -- and you have evidence to show it -- would provide an
> economic benefit to the debtor and other creditors. While I don't think any
> judge requires it, it wouldn't hurt to include a declaration including your
> efforts to resolve the issue informally beforehand. And of course,
> unrelated tangent: remember to include a copy of the claim to which you're
> objecting.
>
> Hale
>
> On 9/20/2019 11:52 AM, Giovanni Orantes
go@gobklaw.com [cdcbaa] wrote:
>
>
> Listmates:
>
> Judge Bason requires a declaration setting forth the economic
> justification for a claim objection. We have a client who had one of his
> creditors file duplicate claims. The plan is a zero percent plan, however.
> I am always afraid of the preclusive effect of failing to object, but with
> my litigation roots, I may be in the minority. I would greatly appreciate
> it if you all would share your justification for filing a claim objection.
>
> --
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>
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> &
> 3 Park Plaza, Ste 100
> Irvine, CA 92614
> Tel: 888-777-0201 or (213) 389-4362
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go@gobklaw.com
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www.gobklaw.com
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> Outside General Counsel
>
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> --
> *Hale Andrew Antico*
>
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>
http://www.los-angeles-bankruptcy.net
>
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WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
&
3 Park Plaza, Ste 100
Irvine, CA 92614
Tel: 888-777-0201 or (213) 389-4362
Fax: (877) 789-5776
e-mail:
go@gobklaw.com
website:
www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, the
information contained in this e-mail message is confidential information
intended only for the use of the individual or entity named. If the reader
of this message is not the intended recipient or an agent responsible for
delivering it to the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone or e-mail and delete the original e-mail
We did that already, but the creditor only succeeded in filing additional claims.On Fri, Sep 20, 2019 at 12:24 PM 'Peter M. Lively'
petermlively2000@yahoo.com [cdcbaa] <
cdcbaa@yahoogroups.com> wrote:
Listmates:
Judge Bason requires a declaration setting forth the
economic justification for a claim objection. We have a
client who had one of his creditors file duplicate
claims. The plan is a zero percent plan, however. I am
always afraid of the preclusive effect of failing to
object, but with my litigation roots, I may be in the
minority. I would greatly appreciate it if you all
would share your justification for filing a claim
objection.
--
WE DO NOT ACCEPT
SERVICE BY EMAIL UNLESS
WE HAVE AGREED TO ACCEPT
IT IN WRITING.
Giovanni Orantes,
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