Central District Consumer Bankruptcy Attorney's Association

The CEB Mortgage, Deed of Trust and Foreclosure Litigation treatise recently published its update for 2010 and includes an analysis of the issue. Peter, call me and I will email the section reference to you, along with its analysis. Please feel free to cite the treatise as authority.
Lou Esbin
>
> See 1328(f)(1) regarding discharge in Ch13 after discharge inprior Ch7.
>
> Discharge may not be requiredin a Ch13 after Ch7 for lien stripping, I'mgetting ready to file a case in LAtoattempt same.> Peter M. Lively, JD/MBA
> 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
>
>
> 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.
>
>
>
>
> ________________________________
> To: cdcbaa@yahoogroups.com
> Sent: Mon, February 22, 2010 9:16:11 AM
> Subject: [cdcbaa] Ch 13 after 7 and LAM Motion
>
>
> Listamtes:
>
> Married couple own a 4 unit residential property in which they occupy one of the units. They have 1st and 2d mortgages. The 1st mortgage is greater than that value of the property, making the 2d, which os for about 180K, completely unsecured.
>
> Husband filed ch 7 about 4 years ago and rec'd a discharge. Can H & W now file a CH 13 and file a LAM motion to try to get rid of the 2d?>
> Thank you for your time.
>

The post was migrated from Yahoo.

1328(f)(1)
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.
f
Sent: Monday, February 22, 2010 9:16 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Ch 13 after 7 and LAM Motion
Listamtes:
Married couple own a 4 unit residential property in which they occupy one of
the units. They have 1st and 2d mortgages. The 1st mortgage is greater
than that value of the property, making the 2d, which os for about 180K,
completely unsecured.
Husband filed ch 7 about 4 years ago and rec'd a discharge. Can H & W now
file a CH 13 and file a LAM motion to try to get rid of the 2d?
Thank you for your time.
Message
1328(f)(1)


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

If 4 years have passed since the filing of the Ch7, they are eligible per is the case Peter is referring to.
Shannon A. Doyle, Esq.
Borowitz & Clark, LLP
100 N. Barranca Ave., Ste. 250
West Covina, CA 91791-1600
(626) 332-8600 Phone
(626) 332-8644 Fax
sdoyle@blclaw.com
________________________________

The post was migrated from Yahoo.

See 1328(f)(1) regarding discharge in Ch13 after discharge inprior Ch7.
Discharge may not be requiredin a Ch13 after Ch7 for lien stripping, I'mgetting ready to file a case in LAtoattempt same.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
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.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Mon, February 22, 2010 9:16:11 AM
Subject: [cdcbaa] Ch 13 after 7 and LAM Motion
Listamtes:
Married couple own a 4 unit residential property in which they occupy one of the units. They have 1st and 2d mortgages. The 1st mortgage is greater than that value of the property, making the 2d, which os for about 180K, completely unsecured.
Husband filed ch 7 about 4 years ago and rec'd a discharge. Can H & W now file a CH 13 and file a LAM motion to try to get rid of the 2d?
Thank you for your time.
See 1328(f)(1) regarding discharge in Ch13 after discharge in prior Ch7.

Discharge may not be required in a Ch13 after Ch7 for lien stripping, I'm getting ready to file a case in LA to attempt same. Judge MT has ruled that discharge is required. 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: c f <francoc123@yahoo.com>To: cdcbaa@yahoogroups.comSent: Mon, February 22, 2010 9:16:11 AMSubject: [cdcbaa] Ch 13 after 7 and LAM Motion
Listamtes:Married couple own a 4 unit residential property in which they occupy one of the units. They have 1st and 2d mortgages. The 1st mortgage is greater than that value of the property, making the 2d, which os for about 180K, completely unsecured. Husband filed ch 7 about 4 years ago and rec'd a discharge. Can H & W now file a CH 13 and file a LAM motion to try to get rid of the 2d? Thank you for your time.

The post was migrated from Yahoo.

Yes, you can file a joint Ch13 case. The main issue is that you will have less unsecured debt due to the husband filing a prior ch7 case. Therefore, it is likely that the Plan will have to provide for a higher percentage to the unsecured creditors -- including the unsecured debt for the 2nd trust deed.
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: Mon, Feb 22, 2010 9:16 am
Subject: [cdcbaa] Ch 13 after 7 and LAM Motion
Listamtes:
Married couple own a 4 unit residential property in which they occupy one of the units. They have 1st and 2d mortgages. The 1st mortgage is greater than that value of the property, making the 2d, which os for about 180K, completely unsecured.
Husband filed ch 7 about 4 years ago and rec'd a discharge. Can H & W now file a CH 13 and file a LAM motion to try to get rid of the 2d?
Thank you for your time.
Yes, you can file a joint Ch13 case. The main issue is that you will have less unsecured debt due to the husband filing a prior ch7 case. Therefore, it is likely that the Plan will have to provide for a higher percentage to the unsecured creditors -- including the unsecured debt for the 2nd trust deed.

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: Mon, Feb 22, 2010 9:16 am
Subject: [cdcbaa] Ch 13 after 7 and LAM Motion

Listamtes:
Married couple own a 4 unit residential property in which they occupy one of the units. They have 1st and 2d mortgages. The 1st mortgage is greater than that value of the property, making the 2d, which os for about 180K, completely unsecured.
Husband filed ch 7 about 4 years ago and rec'd a discharge. Can H & W now file a CH 13 and file a LAM motion to try to get rid of the 2d?
Thank you for your time.
#AOLMsgPart_2_a776b4a3-5dfd-4910-8e6b-bcbcf2cc62c8 t
The post was migrated from Yahoo.

Listamtes:
Married couple own a 4 unit residential property in which they occupy one of the units. They have 1st and 2d mortgages. The 1st mortgage is greater than that value of the property, making the 2d, which os for about 180K, completely unsecured.
Husband filed ch 7 about 4 years ago and rec'd a discharge. Can H & W now file a CH 13 and file a LAM motion to try to get rid of the 2d?
Thank you for your time.
Listamtes:Married couple own a 4 unit residential property in which they occupy one of the units. They have 1st and 2d mortgages. The 1st mortgage is greater than that value of the property, making the 2d, which os for about 180K, completely unsecured. Husband filed ch 7 about 4 years ago and rec'd a discharge. Can H & W now file a CH 13 and file a LAM motion to try to get rid of the 2d? Thank you for your time.

The post was migrated from Yahoo.