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New Optional Chapter 13 Plan Addendum
Sent: Saturday, March 01, 2008 12:07 AM
To: Robert_Kwan@cacb.uscourts.gov
Cc: Brett Curlee; 'Byron Moldo'; 'David A. Tilem'; 'Dennis McGoldrick';
'Hale Andrew Antico, Esq.'; 'Jim King'; 'Jim King'
Subject: Re: New Optional Chapter 13 Plan Addendum
Bob --
Nice job. But, may I suggest some additional wording? I am involved in a
case now (not before you) in which the debtor reasonably (IMHO) denies the
validity of the security interest (but not the funds advanced on her behalf,
which we will repay). What I would like to see added is a provision for the
lender being required to produce the entire loan file on a written request
of the debtor or debtor's counsel without the need for seeking a 2004
examination or noticiing a deposition. My reasoning is that even a simple
motion for a 2004 exam and the order and subpoena docs can add $500-1000 to
the debtor's fees plus the cost of the examination itself, which shouldn't
be necessary. I would not object to the creditor adding a reasonable costs
of copying the file to the loan balance.
Steve Schwaber
Robert_Kwan@cacb.uscourts.gov wrote:
For those of you who have a Chapter 13 practice, the court announced today a
new optional plan addendum dealing with mortgage debt, which you might find
useful for your clients. Here is the notice. The form is on the website.
Bob
Steven A. Schwaber
Law Offices of Steven A. Schwaber
San Marino, CA 91108
Telephone 1.626.403.5600
Facsimile 1.626.403.4691
email: steve@schwaberlaw.com
"Board Certified, Business Bankruptcy Law
American Bankruptcy Board of Certification"
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