What would you like creditor lawyers to know?
Posted: Tue Jul 06, 2010 11:46 am
Please ask them to educate their clients on how to apply post-petition
mortgage payments as well as payments on arrears made through a Chapter 13
(or 11) plan. Some or all banks apply payments to old pre-petition missed
payments while charging the debtor late fees because payments are not up to
date. They're violating the plan/confirmation order as well as the
automatic stay much to the detriment of the debtors.
On Tue, Jul 6, 2010 at 11:05 AM, Erik Clark wrote:
>
>
> Fellow CDCBAA members,
>
>
>
> Later this month I will be presenting to a group of lawyers that represent
> the mortgage industry. The panel discussion is about what Debtor lawyers
> would like mortgage lawyers to know. I was invited to speak on this in an
> effort to improve communications between the creditor/debtor bar.
>
>
>
> If you have any constructive comments I would appreciate hearing them.
> Please pass them onto me either on or off list. Thanks
>
>
>
> M. Erik Clark
> Borowitz & 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
>
>
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by
the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any transaction or matter addressed herein.
Please ask them to educate their clients on how to apply post-petition mortgage payments as well as payments on arrears made through a Chapter 13 (or 11) plan. Some or all banks apply payments to old pre-petition missed payments while charging the debtor late fees because payments are not up to date. They're violating the plan/confirmation order as well as the automatic stay much to the detriment of the debtors.
On Tue, Jul 6, 2010 at 11:05 AM, Erik Clark <eclark@blclaw.com> wrote:
Fellow CDCBAA members,
Later this month I will be presenting to a group of lawyers
that represent the mortgage industry. The panel discussion is about what
Debtor lawyers would like mortgage lawyers to know. I was invited to speak on
this in an effort to improve communications between the creditor/debtor bar.
If you have any constructive comments I would appreciate
hearing them. Please pass them onto me either on or off list. Thanks
M. Erik Clark
Borowitz & 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
-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Phone: (888) 619-8222 x101Fax: (877) 789-5776
e-mail: go@gobklaw.comwebsite: www.gobklaw.comWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
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