Modification - Chapter 13
Posted: Thu Mar 06, 2008 3:06 pm
Imy client had a loan modification with Litton. in order to finalize the modification I had agreed to a stipulation for relief, which removed the property from the estate, getting a POC to show "no arrears", no claim -(no trustee fees, if so on what basis?), property is no longer part of the BK Estate, this may work only if property is upside down, I & J do not change typically because MP's don't change much, only the arrears are piggyed to the rear of the mortgage,
well? so far so good,
comments on MFR to remove prperty from estate and then perfect modification?
axel
Erik Clark wrote:
Good Point. I didnt put it in but will see what they say (since we have not done one of the these yet. Here is the revised version
M. Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791 www.BLClaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
Sent: Thursday, March 06, 2008 12:12 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Modification - Chapter 13
Here is the only thing I added to mine Erik at the end of the Motion. UNSURE IF NEEDED BUT I KNOW THE TRUSTEE ALWAYS PUT THIS INTO MOTIONS TO REFINANCE.
"Additionally, the Chapter 13 Trustee will no longer have to pay ASC through the Chapter 13 Plan with the Trustee will receive statutory fees on the arrears that would have been paid through the Chapter 13 Plan."
Nate
Erik Clark wrote:
I just realized that was a draft. Were changing it not too much Ill post the revised one in a few minutes
M. Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791 www.BLClaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
Sent: Thursday, March 06, 2008 11:25 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Modification - Chapter 13
Erik,
The one I am putting together is similar to yours. Thanks so much.
Nate
Erik Clark wrote:
Heres one were about to file. Please post any good changes you make.
M. Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791 www.BLClaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
Sent: Thursday, March 06, 2008 10:57 AM
To: cdcbaa
Subject: [cdcbaa] Modification - Chapter 13
Has anyone filed a Motion to for Modification of a mortgage loan in a Chapter 13 before?
Any samples?
Thank you,
Nate Berneman
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Imy client had a loan modification with Litton. in order to finalize the modification I had agreed to a stipulation for relief, which removed the property from the estate, getting a POC to show "no arrears", no claim -(no trustee fees, if so on what basis?), property is no longer part of the BK Estate, this may work only if property is upside down, I & J do not change typically because MP's don't change much, only the arrears are piggyed to the rear of the mortgage, well? so far so good, comments on MFR to remove prperty from estate and then perfect modification? axelErik Clark <eclark@blclaw.com> wrote: Good Point. I didnt put it in but will see what they say (since we have not done one of the these yet. Here is the revised version M. Erik ClarkBorowitz, Lozano & Clark, LLP100 N. Barranca Avenue, Suite 250West Covina, CA 91791 www.BLClaw.comOffice: (626) 332-8600Fax: (626)
332-8644Board Certified in Consumer Bankruptcy American Board of Certification From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Nathan BernemanSent: Thursday, March 06, 2008 12:12 PMTo: cdcbaa@yahoogroups.comSubject: RE: [cdcbaa] Modification -
Chapter 13 Here is the only thing I added to mine Erik at the end of the Motion. UNSURE IF NEEDED BUT I KNOW THE TRUSTEE ALWAYS PUT THIS INTO MOTIONS TO REFINANCE."Additionally, the Chapter 13 Trustee will no longer have to pay ASC through the Chapter 13 Plan with the Trustee will receive statutory fees on the arrears that would have been paid through the Chapter 13 Plan."NateErik Clark <eclark@blclaw.com> wrote: I just realized that was a draft. Were changing it not too much Ill post the revised one in a few minutes M. Erik ClarkBorowitz, Lozano & Clark, LLP100 N. Barranca Avenue, Suite 250West Covina, CA 91791 www.BLClaw.comOffice: (626) 332-8600Fax: (626) 332-8644Board Certified in Consumer Bankruptcy American Board of
Certification From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Nathan BernemanSent: Thursday, March 06, 2008 11:25 AMTo: cdcbaa@yahoogroups.comSubject: RE: [cdcbaa] Modification - Chapter
13 Erik,The one I am putting together is similar to yours. Thanks so much.NateErik Clark <eclark@blclaw.com> wrote: Heres one were about to file. Please post any good changes you make. M. Erik ClarkBorowitz, Lozano & Clark, LLP100 N. Barranca Avenue, Suite 250West Covina, CA 91791 www.BLClaw.comOffice: (626) 332-8600Fax: (626) 332-8644Board Certified in Consumer Bankruptcy American Board of Certification From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Nathan BernemanSent: Thursday, March 06, 2008 10:57 AMTo: cdcbaaSubject: [cdcbaa] Modification - Chapter 13 Has anyone filed a Motion to for Modification of a mortgage loan in a Chapter 13 before?Any samples?Thank you,Nate Berneman Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. Never miss a thing. Make Yahoo your homepage.
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