Page 1 of 1

Exploiting flaws in a Proof of Claim

Posted: Mon Jul 19, 2010 11:06 am
by Yahoo Bot

Review rule[s]
3001
and 7004
On Sun, Jul 18, 2010 at 9:28 AM, shawnswhite wrote:
>
>
> Even if the name and address of the creditor are also incorrect on the
> form? How would she pay them?
>
>
> --- In cdcbaa@yahoogroups.com , Christine Wilton
> wrote:
> >
> > You need to object before the trustee sends out their notice of intent to
> > pay claims. Unless disputed, their claim will be presumed valid. Per the
> > RARA agreement, it's our job as debtor's counsel to monitor our client's
> > case.
> >
> > On Wed, Jul 14, 2010 at 12:32 PM, shawnswhite wrote:
> >
> > >
> > >
> > > In a Ch 13 case an unsecured creditor made major mistakes in completing
> the
> > > POC. She got names wrong; not just misspelled but flat out wrong. The
> > > account # on the debt is wrong, not a simple transposition but actually
> > > wrong. The attached documentation is also weak/flawed.
> > >
> > > Obviously I could object and she would amend it, but is there a better
> way
> > > to help my client? What if I say nothing until the time for filing a
> claim
> > > has passed? Would that bar the claim? or would not objecting be a
> waiver of
> > > our right to object?
> > >
> > > Any practical advice or ideas are appreciated.
> > >
> > > Shawn
> > >
> > >
> > >
> >
> >
> >
> > --
> > Best Regards,
> > Christine A. Wilton
> > Principal Attorney
> > Greifendorff Law Offices
> > 333 City Boulevard West, 17th Floor
> > Orange, CA 92686
> > Office: 800-861-0786
> > Cell: 562-824-7563
> > Fax: 714-938-3255
> > Email: attorneychristine@...
>
> > Web: www.greifenlaw.com
> > Blog: www.losangelesbankruptcylawmonitor.com
> > ***************************
> > Confidentiality and Privilege. This e-mail message, including
> attachments,
> > is intended solely for review by the intended recipient(s) and may
> contain
> > confidential and privileged information. Any unauthorized review, use,
> > disclosure, or distribution is prohibited. Review by anyone other than
> the
> > intended recipient(s) shall not constitute a waiver of any
> ATTORNEY-CLIENT
> > PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
> > communication. If you are not the intended recipient, please contact the
> > sender by return e-mail and destroy all copies of the original message.
> >
> > Tax Advice Disclosure. Any tax information or written tax advice
> contained
> > in this email message, including attachments, is not intended to and
> cannot
> > be used by any taxpayer for the purpose of avoiding tax penalties that
> may
> > be imposed on the taxpayer. (The foregoing legend has been affixed
> pursuant
> > to U.S. Treasury Regulations governing tax practice.)
> >
>
>
>
Best Regards,
Christine A. Wilton
Principal Attorney
Greifendorff Law Offices
333 City Boulevard West, 17th Floor
Orange, CA 92686
Office: 800-861-0786
Cell: 562-824-7563
Fax: 714-938-3255
Email: attorneychristine@gmail.com
Web: www.greifenlaw.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments,
is intended solely for review by the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than the
intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
communication. If you are not the intended recipient, please contact the
sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained
in this email message, including attachments, is not intended to and cannot
be used by any taxpayer for the purpose of avoiding tax penalties that may
be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
to U.S. Treasury Regulations governing tax practice.)
Review rule[s]
3001
and 7004
On Sun, Jul 18, 2010 at 9:28 AM, shawnswhite <shawn@cabankrupt.com> wrote:
Even if the name and address of the creditor are also incorrect on the form? How would she pay them?
--- In cdcbaa@yahoogroups.com, Christine Wilton <attorneychristine@...> wrote:>> You need to object before the trustee sends out their notice of intent to
> pay claims. Unless disputed, their claim will be presumed valid. Per t
The post was migrated from Yahoo.

Exploiting flaws in a Proof of Claim

Posted: Sun Jul 18, 2010 9:28 am
by Yahoo Bot

Even if the name and address of the creditor are also incorrect on the form? How would she pay them?
te:
>
> You need to object before the trustee sends out their notice of intent to
> pay claims. Unless disputed, their claim will be presumed valid. Per the
> RARA agreement, it's our job as debtor's counsel to monitor our client's
> case.
>
> On Wed, Jul 14, 2010 at 12:32 PM, shawnswhite wrote:
>
> >
> >
> > In a Ch 13 case an unsecured creditor made major mistakes in completing the
> > POC. She got names wrong; not just misspelled but flat out wrong. The
> > account # on the debt is wrong, not a simple transposition but actually
> > wrong. The attached documentation is also weak/flawed.
> >
> > Obviously I could object and she would amend it, but is there a better way
> > to help my client? What if I say nothing until the time for filing a claim
> > has passed? Would that bar the claim? or would not objecting be a waiver of
> > our right to object?
> >
> > Any practical advice or ideas are appreciated.
> >
> > Shawn
> >
> >
> >
>
>
>
> --
> Best Regards,
> Christine A. Wilton
> Principal Attorney
> Greifendorff Law Offices
> 333 City Boulevard West, 17th Floor
> Orange, CA 92686
> Office: 800-861-0786
> Cell: 562-824-7563
> Fax: 714-938-3255
> Email: attorneychristine@...
> Web: www.greifenlaw.com
> Blog: www.losangelesbankruptcylawmonitor.com
> ***************************
> Confidentiality and Privilege. This e-mail message, including attachments,
> is intended solely for review by the intended recipient(s) and may contain
> confidential and privileged information. Any unauthorized review, use,
> disclosure, or distribution is prohibited. Review by anyone other than the
> intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
> PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
> communication. If you are not the intended recipient, please contact the
> sender by return e-mail and destroy all copies of the original message.
>
> Tax Advice Disclosure. Any tax information or written tax advice contained
> in this email message, including attachments, is not intended to and cannot
> be used by any taxpayer for the purpose of avoiding tax penalties that may
> be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
> to U.S. Treasury Regulations governing tax practice.)
>

The post was migrated from Yahoo.

Exploiting flaws in a Proof of Claim

Posted: Wed Jul 14, 2010 12:50 pm
by Yahoo Bot

You need to object before the trustee sends out their notice of intent to
pay claims. Unless disputed, their claim will be presumed valid. Per the
RARA agreement, it's our job as debtor's counsel to monitor our client's
case.
On Wed, Jul 14, 2010 at 12:32 PM, shawnswhite wrote:
>
>
> In a Ch 13 case an unsecured creditor made major mistakes in completing the
> POC. She got names wrong; not just misspelled but flat out wrong. The
> account # on the debt is wrong, not a simple transposition but actually
> wrong. The attached documentation is also weak/flawed.
>
> Obviously I could object and she would amend it, but is there a better way
> to help my client? What if I say nothing until the time for filing a claim
> has passed? Would that bar the claim? or would not objecting be a waiver of
> our right to object?
>
> Any practical advice or ideas are appreciated.
>
> Shawn
>
>
>
Best Regards,
Christine A. Wilton
Principal Attorney
Greifendorff Law Offices
333 City Boulevard West, 17th Floor
Orange, CA 92686
Office: 800-861-0786
Cell: 562-824-7563
Fax: 714-938-3255
Email: attorneychristine@gmail.com
Web: www.greifenlaw.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments,
is intended solely for review by the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than the
intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
communication. If you are not the intended recipient, please contact the
sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained
in this email message, including attachments, is not intended to and cannot
be used by any taxpayer for the purpose of avoiding tax penalties that may
be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
to U.S. Treasury Regulations governing tax practice.)
You need to object before the trustee sends out their notice of intent to pay claims. Unless disputed, their claim will bepresumed valid. Per
The post was migrated from Yahoo.

Exploiting flaws in a Proof of Claim

Posted: Wed Jul 14, 2010 12:32 pm
by Yahoo Bot

In a Ch 13 case an unsecured creditor made major mistakes in completing the POC. She got names wrong; not just misspelled but flat out wrong. The account # on the debt is wrong, not a simple transposition but actually wrong. The attached documentation is also weak/flawed.
Obviously I could object and she would amend it, but is there a better way to help my client? What if I say nothing until the time for filing a claim has passed? Would that bar the claim? or would not objecting be a waiver of our right to object?
Any practical advice or ideas are appreciated.
Shawn

The post was migrated from Yahoo.