Newbie Question: Chapter 13 - Cramdown of 910 Motor Vehic=
Posted: Sat Feb 06, 2010 8:42 am
It is my understanding that the 506 motion is required, in additional to the plan provision, to resolve the "allowed" claim at the higher alledged value.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706-B Newport Boulevard, Costa Mesa, CA 92627-3073
Telephone: (949)650-3328
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Fri, February 5, 2010 8:52:02 PM
Subject: Re: [cdcbaa] Newbie Question: Chapter 13 - Cramdown of 910 Motor Vehicle
Nope! Congrats! You are doing it right. The Ch13 plan itself allows you to bifurcate the secured/unsecured part of a non-910 vehicle loan
(i.e., 910+ days).
KEITH ALAN HIGGINBOTHAM
Pedro Mayser, Office Manager
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@ aol.com
To: cdcbaa@yahoogroups. com
Sent: Fri, Feb 5, 2010 3:21 pm
Subject: [cdcbaa] Newbie Question: Chapter 13 - Cramdown of 910 Motor Vehicle
Debtor has vehicle that is underwater by 20K he bought 3 years ago.
I filed Chapter 13 Plan which calls for him to pay secured portion only at 4.75% through Trustee with discharge of unsecured portion.
Do I still need to file a Section 506 Motion regarding cramdown of motor vehicle? Or is this something different courtrooms handle differently?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
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It is my understanding that the 506 motion is required, in additional to the plan provision, to resolve the "allowed" claim at the higher alledged value. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.com
Personal Financial Law Center II1706-B Newport Boulevard, Costa Mesa, CA 92627-3073Telephone: (949)650-3328
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: "higginbothamlaw@aol.com" <higginbothamlaw@aol.com>To: cdcbaa@yahoogroups.comSent: Fri, February 5, 2010 8:52:02 PMSubject: Re: [cdcbaa] Newbie Question: Chapter 13 - Cramdown of 910 Motor Vehicle
Nope! Congrats! You are doing it right. The Ch13 plan itself allows you to bifurcate the secured/unsecured part of a non-910 vehicle loan(i.e., 910+ days).
KEITH ALAN HIGGINBOTHAM
Pedro Mayser, Office Manager
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@ aol.com
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