Central District Consumer Bankruptcy Attorney's Association

It depends on precisely when, during the case, you got the notice.
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.
John Boyko
Sent: Monday, June 28, 2010 4:12 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Reopening ch13 case
how much time do I have after receiving notice of the stay?
2010/6/28 David A. Tilem
It comes down to when you got notice.
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.
[mailto:cdcbaa@yahoogroups. com] On Behalf
Of John Boyko
Sent: Sunday, June 27, 2010 9:30 PM
To: cdcbaa@yahoogroups. com
Subject: Re: [cdcbaa] Reopening ch13 case
523(a)(3) states that an unscheduled or unlisted debt may not be discharged,
which makes perfect sense.
If a debtor's counsel causes a "notice of stay" to be filed in a State
Court, knowing that the debt was not scheduled or listed, can he/she be held
liable under 128.6 or 128.7 for sanctions (attesting to a document with
knowledge of its inapplicability or falsity)?
Also, if the claim/debt was not listed, can't I just produce a copy of the
schedules to a State judge to place the case back in "active" status and
proceed in the state court action, or do I need a Fed judge to Order the
claim "nondischargeable."
On Sun, Jun 27, 2010 at 9:02 AM, Dennis McGoldrick wrote:
that is the point. don't let the debt be discharged.
com> wrote:

The post was migrated from Yahoo.

No. The automatic stay was in effect regardless of what was or was
not listed in the statements and schedules. Even if the creditor was
not listed and did not receive formal notice from the bankruptcy
court, if the creditor received notice of the banrkutpcy case through
the notice of stay filed with the State Court or some other way that
provided notice of the bk in time to file a proof of claim, then there
is no basis for the debt to be excepted from discharge under section
523(a)(3).
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
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On Sun 27/06/10 9:29 PM , John Boyko jboyko@gmail.com sent:
523(a)(3) states that an unscheduled or unlisted debt may not be
discharged, which makes perfect sense.
If a debtor's counsel causes a "notice of stay" to be filed in a
State Court, knowing that the debt was not scheduled or listed, can
he/she be held liable under 128.6 or 128.7 for sanctions (attesting to
a document with knowledge of its inapplicability or falsity)?
Also, if the claim/debt was not listed, can't I just produce a copy
of the schedules to a State judge to place the case back in "active"
status and proceed in the state court action, or do I need a Fed judge
to Order the claim "nondischargeable."
On Sun, Jun 27, 2010 at 9:02 AM, Dennis McGoldrick wrote:
that is the point. don't let the debt be discharged.
--- On SUN, 6/27/10, JOHN BOYKO __ wrote:
Subject: Re: [cdcbaa] Reopening ch13 case
To: "cdcbaa@yahoogroups.com [4]"
Date: Sunday, June 27, 2010, 8:58 AM
No discharge entered yet, just confirmation.
Sent from my iPhone
On Jun 27, 2010, at 8:50 AM, Dennis McGoldrick wrote:
File a 523a3 complaint. Do it right away.
Attack the discharge, then it won't matter that the claim is late.
dennis
--- On SUN, 6/27/10, JOHN BOYKO __wrote:
Subject: [cdcbaa] Reopening ch13 case
To: cdcbaa@yahoogroups. com
Date: Sunday, June 27, 2010, 7:57 AM
I have a client who is owed money by a debtor who filed a Ch13 BK
about one year ago and had a 100 percent plan confirmed, but did not
list my client's debt or claim. We filed a state court action unaware
of the BK, and the debtor's a tty filed a Notice of Stay due to the
BK, but has never reopened or otherwise amended the BK schedules for
my client's debt/claim.
How can I reopen to make the claim and test the feasibility of the
plan previously confirmed?
Sent from my iPad
--
John Boyko
LAW OFFICES OF JOHN M. BOYKO
3521 Lomita Blvd., Suite 100
Torrance, CA 90505
310-750-6789 (Office)
310-300-0263 (Fax)
Links:
[1] mailto:easky1@yahoo.com
[2] http://sitemail.siteprotect.com/MAILTO:JBOYKO@GMAIL.COM
[3] mailto:jboyko@gmail.com
[4] mailto:cdcbaa@yahoogroups.com
[5] mailto:cdcbaa@yahoogroups.com
[6] http://mc/compose?toeasky1@yahoo.com
[7] mailto:cdcbaa@yahoogroups.com?subjectRe: [cdcbaa] Reopening ch13
case
[8]

The post was migrated from Yahoo.

how much time do I have after receiving notice of the stay?
2010/6/28 David A. Tilem
>
>
> It comes down to when you got notice.
>
>
> *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.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *John Boyko
> *Sent:* Sunday, June 27, 2010 9:30 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Reopening ch13 case
>
>
>
> 523(a)(3) states that an unscheduled or unlisted debt may not be
> discharged, which makes perfect sense.
>
> If a debtor's counsel causes a "notice of stay" to be filed in a State
> Court, knowing that the debt was not scheduled or listed, can he/she be held
> liable under 128.6 or 128.7 for sanctions (attesting to a document with
> knowledge of its inapplicability or falsity)?
>
> Also, if the claim/debt was not listed, can't I just produce a copy of the
> schedules to a State judge to place the case back in "active" status and
> proceed in the state court action, or do I need a Fed judge to Order the
> claim "nondischargeable."
>
>
>
> On Sun, Jun 27, 2010 at 9:02 AM, Dennis McGoldrick wrote:
>
>>
>>
>> that is the point. don't let the debt be discharged.
>>
>>
>> --- On *Sun, 6/27/10, John Boyko * wrote:
>>
>>
>> Subject: Re: [cdcbaa] Reopening ch13 case
>> To: "cdcbaa@yahoogroups.com"
>> Date: Sunday, June 27, 2010, 8:58 AM
>>
>>
>>
>>
>> No discharge entered yet, just confirmation.
>>
>> Sent from my iPhone
>>
>> On Jun 27, 2010, at 8:50 AM, Dennis McGoldrick
>> wrote:
>>
>>
>>
>> File a 523a3 complaint. Do it right away.
>>
>> Attack the discharge, then it won't matter that the claim is late.
>>
>> dennis
>>
>> --- On *Sun, 6/27/10, John Boyko * wrote:
>>
>>
>> Subject: [cdcbaa] Reopening ch13 case
>> To: cdcbaa@yahoogroups. com
>> Date: Sunday, June 27, 2010, 7:57 AM
>>
>>
>>
>> I have a client who is owed money by a debtor who filed a Ch13 BK about
>> one year ago and had a 100 percent plan confirmed, but did not list my
>> client's debt or claim. We filed a state court action unaware of the BK, and
>> the debtor's a tty filed a Notice of Stay due to the BK, but has never
>> reopened or otherwise amended the BK schedules for my client's debt/claim.
>>
>> How can I reopen to make the claim and test the feasibility of the plan
>> previously confirmed?
>>
>> Sent from my iPad
>>
>>
>>
>>
>
>
> --
> John Boyko
> LAW OFFICES OF JOHN M. BOYKO
> 3521 Lomita Blvd., Suite 100
> Torrance, CA 90505
> 310-750-6789 (Office)
> 310-300-0263 (Fax)
>
>
>
John Boyko
LAW OFFICES OF JOHN M. BOYKO
3521 Lomita Blvd., Suite 100
Torrance, CA 90505
310-750-6789 (Office)
310-300-0263 (Fax)
how much time do I have after receiving notice of the stay?
2010/6/28 David A. Tilem <DavidTilem@tilemlaw.com>
It comes down to when you got notice.

The post was migrated from Yahoo.

It comes down to when you got notice.
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.
John Boyko
Sent: Sunday, June 27, 2010 9:30 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Reopening ch13 case
523(a)(3) states that an unscheduled or unlisted debt may not be discharged,
which makes perfect sense.
If a debtor's counsel causes a "notice of stay" to be filed in a State
Court, knowing that the debt was not scheduled or listed, can he/she be held
liable under 128.6 or 128.7 for sanctions (attesting to a document with
knowledge of its inapplicability or falsity)?
Also, if the claim/debt was not listed, can't I just produce a copy of the
schedules to a State judge to place the case back in "active" status and
proceed in the state court action, or do I need a Fed judge to Order the
claim "nondischargeable."
On Sun, Jun 27, 2010 at 9:02 AM, Dennis McGoldrick wrote:
that is the point. don't let the debt be discharged.
com> wrote:

The post was migrated from Yahoo.

Notice of stay is correct. The stay is automatic, read 362, so there is a stay regardless of whether the debt is listed.
No you cannot just take schedules to state court judge. Same reason, stay is automatic and it does not matter if the debt was listed.
dennis
If a debtor's counsel causes a "notice of stay" to be filed in a State Court, knowing that the debt was not scheduled or listed, can he/she be held liable under 128.6 or 128.7 for sanctions (attesting to a document with knowledge of its inapplicability or falsity)?
Also, if the claim/debt was not listed, can't I just produce a copy of the schedules to a State judge to place the case back in "active" status and proceed in the state court action, or do I need a Fed judge to Order the claim "nondischargeable."
On Sun, Jun 27, 2010 at 9:02 AM, Dennis McGoldrick wrote:
that is the point. don't let the debt be discharged.

The post was migrated from Yahoo.

I don't know if it will be a problem or on. the Case is not yet closed. It
was approved as a 100% plan and our claim may bring the total unsecured debt
to over the unsecured debt limit.
2010/6/28 David A. Tilem
>
>
> Has case been closed? Not if the plan is still paying out. Consider
> 523(a)(3). Consider filing late claim.
>
>
> *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.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *John Boyko
> *Sent:* Sunday, June 27, 2010 7:58 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Reopening ch13 case
>
>
>
> I have a client who is owed money by a debtor who filed a Ch13 BK about one
> year ago and had a 100 percent plan confirmed, but did not list my client's
> debt or claim. We filed a state court action unaware of the BK, and the
> debtor's a tty filed a Notice of Stay due to the BK, but has never reopened
> or otherwise amended the BK schedules for my client's debt/claim.
>
> How can I reopen to make the claim and test the feasibility of the plan
> previously confirmed?
>
> Sent from my iPad
>
>
>
John Boyko
LAW OFFICES OF JOHN M. BOYKO
3521 Lomita Blvd., Suite 100
Torrance, CA 90505
310-750-6789 (Office)
310-300-0263 (Fax)
I don't know if it will be a problem or on. the Case is not yet closed. It was approved as a 100% plan and our claim may bring the total unsecured debt to over the unsecured debt limit.
2010/6/28 David A. Tilem <DavidTilem@tilemlaw.com>
Has case been closed? Not if the plan is still paying out. Consider 523(a)(3). Consider filing late claim.

The post was migrated from Yahoo.

Read 523(a)(3) before commenting further.
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.
John Boyko
Sent: Sunday, June 27, 2010 8:59 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Reopening ch13 case
No discharge entered yet, just confirmation.
Sent from my iPhone
On Jun 27, 2010, at 8:50 AM, Dennis McGoldrick wrote:
File a 523a3 complaint. Do it right away.
Attack the discharge, then it won't matter that the claim is late.
dennis

The post was migrated from Yahoo.

Has case been closed? Not if the plan is still paying out. Consider
523(a)(3). Consider filing late claim.
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.
John Boyko
Sent: Sunday, June 27, 2010 7:58 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Reopening ch13 case
I have a client who is owed money by a debtor who filed a Ch13 BK about one
year ago and had a 100 percent plan confirmed, but did not list my client's
debt or claim. We filed a state court action unaware of the BK, and the
debtor's a tty filed a Notice of Stay due to the BK, but has never reopened
or otherwise amended the BK schedules for my client's debt/claim.
How can I reopen to make the claim and test the feasibility of the plan
previously confirmed?
Sent from my iPad
Message
Has case been closed?
Not if the plan is still paying out. Consider 523(a)(3). Consider
filing late claim.


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

523(a)(3) states that an unscheduled or unlisted debt may not be discharged,
which makes perfect sense.
If a debtor's counsel causes a "notice of stay" to be filed in a State
Court, knowing that the debt was not scheduled or listed, can he/she be held
liable under 128.6 or 128.7 for sanctions (attesting to a document with
knowledge of its inapplicability or falsity)?
Also, if the claim/debt was not listed, can't I just produce a copy of the
schedules to a State judge to place the case back in "active" status and
proceed in the state court action, or do I need a Fed judge to Order the
claim "nondischargeable."
On Sun, Jun 27, 2010 at 9:02 AM, Dennis McGoldrick wrote:
>
>
> that is the point. don't let the debt be discharged.
>
>
> --- On *Sun, 6/27/10, John Boyko * wrote:
>
>
> Subject: Re: [cdcbaa] Reopening ch13 case
> To: "cdcbaa@yahoogroups.com"
> Date: Sunday, June 27, 2010, 8:58 AM
>
>
>
>
> No discharge entered yet, just confirmation.
>
> Sent from my iPhone
>
> On Jun 27, 2010, at 8:50 AM, Dennis McGoldrick
> wrote:
>
>
>
> File a 523a3 complaint. Do it right away.
>
> Attack the discharge, then it won't matter that the claim is late.
>
> dennis
>
> --- On *Sun, 6/27/10, John Boyko * wrote:
>
>
> Subject: [cdcbaa] Reopening ch13 case
> To: cdcbaa@yahoogroups. com
> Date: Sunday, June 27, 2010, 7:57 AM
>
>
>
> I have a client who is owed money by a debtor who filed a Ch13 BK about one
> year ago and had a 100 percent plan confirmed, but did not list my client's
> debt or claim. We filed a state court action unaware of the BK, and the
> debtor's a tty filed a Notice of Stay due to the BK, but has never reopened
> or otherwise amended the BK schedules for my client's debt/claim.
>
> How can I reopen to make the claim and test the feasibility of the plan
> previously confirmed?
>
> Sent from my iPad
>
>
>
>
>
John Boyko
LAW OFFICES OF JOHN M. BOYKO
3521 Lomita Blvd., Suite 100
Torrance, CA 90505
310-750-6789 (Office)
310-300-0263 (Fax)
523(a)(3) states that an unscheduled or unlisted debt may not be discharged, which makes perfect sense.If a debtor's counsel causes a "notice of stay" to be filed in a State Court, knowing that the debt was not scheduled or listed, can he/she be held liable under 128.6 or 128.7 for sanctions (attesting to a document with knowledge of its inapplicability or falsity)?
Also, if the claim/debt was not listed, can't I just produce a copy of the schedules to a State judge to place the case back in "active" status and proceed in the state court action, or do I need a Fed judge to Order the claim "nondischargeable."
On Sun, Jun 27, 2010 at 9:02 AM, Dennis McGoldrick <easky1@yahoo.com> wrote:
that is the point. don't let the debt be discharged.--- On Sun, 6/27/10, John Boyko <jboyko@gmail.com> wrote:
jboyko@gmail.com>Subject: Re: [cdcbaa] Reopening ch13 case
To: "cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com>Date: Sunday, June 27, 2010, 8:58 AM
No discharge entered yet, just confirmation.Sent from my iPhoneOn Jun 27, 2010, at 8:50 AM, Dennis McGoldrick <easky1@yahoo. com> wrote:
File a 523a3 complaint. Do it right away.Attack the discharge, then it won't matter that the claim is late.
dennis--- On Sun, 6/27/10, John Boyko <jboyko@gmail. com> wrote:
The post was migrated from Yahoo.

that is the point. don't let the debt be discharged.

The post was migrated from Yahoo.