Central District Consumer Bankruptcy Attorney's Association

See section 511
Sent from my iPhone - please excuse typos.
Thank you.
> On Mar 9, 2016, at 9:20 PM, stephen burton stephenburtonlaw@yahoo.com [cdcbaa] wrote:
>
> Does anyone have any further comments on this thread? Counties filing claims for property tax arrears at the 18% rate. Some stopped doing it for a while, but now they appear to be bringing back the practice. I thought the practice had stopped or judges were just ruling against the counties when a claim objection was brought. Any insights?
>
> Steve Burton
>
>
> On Wednesday, May 28, 2008 11:32 AM, "Hale Andrew Antico, Esq." wrote:
>
>
> An update on this. To me, it's a matter for a judge to determine. Issue: Should the tax collector get the same interest rate as a credit card or as a secured lienholder (Till et.al.)? They have a favorable set of rulings in OC, but I'm not convinced the Valley judges will see it the same way (this one's with G. Mund). If I can oppose and get an opinion that 8.75% or whatever is reasonable, that seems to be good all around. OC Tax won't negotiate and wants to roll the dice with a decision thus far. Case continued to June.
>
> Any input or insight is welcome.
>
Of Raymond Bulaon
> Sent: Wednesday, May 14, 2008 2:01 PM
> To: cdcbaa@yahoogroups. com
> Subject: RE: [cdcbaa] Orange County tax arrearages
>
> Got the same letter from Riverside County tax collector yesterday. Cites case law and relevant code sections. I believe they are correct.
>
> Ray Bulaon, ESQ.
> Ray Bulaon Law Offices, Inc.
> Telephone (818) 243-7745 Fax (818) 243-7795
> Locations: Glendale, Cerritos & West Covina
> Website: www.bulaonlaw. com
>
> ********** PRIVILEGE AND CONFIDENTIALITY NOTICE **********
> The information in this electronic mail is intended for the named recipients only. It may contain privileged and confidential matter. If you have received this electronic mail in error, please notify the sender immediately by replying to this e-mail or by collect call to (818) 243-7745. Do not disclose the contents to anyone.
Of Jeffrey Cancilla
> Sent: Wednesday, May 14, 2008 12:56 PM
> To: cdcbaa@yahoogroups. com
> Subject: Re: [cdcbaa] Orange County tax arrearages
>
> The Riverside Tax Collector took same position in a chap 13 recently in my case, stating it was secured debt b/c of the property tax lien they routinely place on properties w/ delinquent property taxes. The 18% is determined by R&T Code, according to the letter. If you send your fax #, I can fax you the letter which had legal citations.
>
> Law Office of Jeffrey A. Cancilla & Associates
> 15355 Brookhurst St., Suite 202
> Westminster , CA 92683
> 714-418-9735
> 714-418-9738 (fax)
>
> ----- Original Message ----
> To: cdcbaa@yahoogroups. com
> Sent: Wednesday, May 14, 2008 1:15:43 PM
> Subject: [cdcbaa] Orange County tax arrearages
> Chapter 13 in Valley (less than 100%) and a creditor is the Orange County tax collector, who is objecting. Just curious: they will withdrawal objection if we interlineate eighteen percent (18%) interest on arrears. He says SA Division supports his percentage, even though we're in SV. Does anyone have experience with this specific issue? That seems awfully hgh. Is he full of hot air?
>
>
>
>
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boundaryple-Mail-55601DB0-186E-4498-8673-20F5DB76CEE4
Sent from my iPhone - please excuse typos. Thank you.On Mar 9, 2016, at 9:20 PM, stephen burton stephenburtonlaw@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:


The post was migrated from Yahoo.

charset="US-ASCII"
An update on this. To me, it's a matter for a judge to determine. Issue:
Should the tax collector get the same interest rate as a credit card or as a
secured lienholder (Till et.al.)? They have a favorable set of rulings in
OC, but I'm not convinced the Valley judges will see it the same way (this
one's with G. Mund). If I can oppose and get an opinion that 8.75% or
whatever is reasonable, that seems to be good all around. OC Tax won't
negotiate and wants to roll the dice with a decision thus far. Case
continued to June.

Any input or insight is welcome.
_____

The post was migrated from Yahoo.

Got the same letter from Riverside County tax collector yesterday.
Cites case law and relevant code sections. I believe they are correct.
Ray Bulaon, ESQ.
Ray Bulaon Law Offices, Inc.
Telephone (818) 243-7745 Fax (818) 243-7795
Locations: Glendale, Cerritos & West Covina
Website: www.bulaonlaw.com
********** PRIVILEGE AND CONFIDENTIALITY NOTICE **********
The information in this electronic mail is intended for the named
recipients only. It may contain privileged and confidential matter. If
you have received this electronic mail in error, please notify the
sender immediately by replying to this e-mail or by collect call to
(818) 243-7745. Do not disclose the contents to anyone.
________________________________

The post was migrated from Yahoo.

Interesting. Did you settle at 18%, then? Thank you!
_____

The post was migrated from Yahoo.

The Riverside Tax Collector took same position in a chap 13 recentlyin my case,stating it was secured debt b/c of the property tax lien they routinely place on properties w/ delinquent property taxes. The 18% is determined byR&T Code, according to the letter. If you send your fax #, I can fax you the letterwhich had legal citations.
15355 Brookhurst St., Suite 202
Westminster, CA 92683
714-418-9735
714-418-9738 (fax)
To: cdcbaa@yahoogroups.com
Sent: Wednesday, May 14, 2008 1:15:43 PM
Subject: [cdcbaa] Orange County tax arrearages
Chapter 13 in Valley (less than 100%) and a creditor is the Orange County tax collector, who is objecting. Just curious: they will withdrawal objection if we interlineate eighteen percent (18%) interest on arrears. He says SA Division supports his percentage, even though we're in SV. Does anyone have experience with this specific issue? That seems awfully hgh.
The Riverside Tax Collector took same position in a chap 13 recently in my case, stating it was secured debt b/c of the property tax lien they routinely place on properties w/ delinquent property taxes. The 18% is determined by R&T Code, according to the letter. If you send your fax #, I can fax you the letter which had legal citations.
Law Office of Jeffrey A. Cancilla & Associates15355 Brookhurst St., Suite 202Westminster, CA 92683714-418-9735714-418-9738 (fax)
Chapter 13 in Valley (less than 100%) and a creditor is the Orange County tax collector, who is objecting. Just curious: they will withdrawal objection if we interlineate eighteen percent (18%) interest on arrears. He says SA Division supports his percentage, even though we're in SV. Does anyone have experience with this specific issue? That seems awfully hgh. Is he full of hot air?

The post was migrated from Yahoo.

charset="windows-1251"
18% is not necessary. It only has to be high enough to provide present
value of what is owed. Right now that's about 5%.
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.
Hale Andrew Antico, Esq.
Sent: Wednesday, May 14, 2008 10:16 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Orange County tax arrearages
Chapter 13 in Valley (less than 100%) and a creditor is the Orange County
tax collector, who is objecting. Just curious: they will withdrawal
objection if we interlineate eighteen percent (18%) interest on arrears. He
says SA Division supports his percentage, even though we're in SV. Does
anyone have experience with this specific issue? That seems awfully hgh.
Is he full of hot air?
charset="windows-1251"
Message
18% is not necessary.
It only has to be high enough to provide present value of what is owed.
Right now that's about 5%.


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

Orange County tax arrearagesIs this a secured debt, or a priority claim?
If the latter, no interest. 1322 provides for "full payment, in deferred cash payments..." It does not
say "value as of the effective date..." like Chap. 11, so interest is not
required - just payment in full of the principal. Another advantage is
that penalties are general unsecured claims. All of this, of course,
assumes that the tax claims are unsecured. To the extent secured, they are
entitled to present value interest.
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written 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 in this communication (or in any attachment).
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Wednesday, May 14, 2008 11:15 AM
Subject: [cdcbaa] Orange County tax arrearages
Chapter 13 in Valley (less than 100%) and a creditor is the Orange County tax collector, who is objecting. Just curious: they will withdrawal objection if we interlineate eighteen percent (18%) interest on arrears. He says SA Division supports his percentage, even though we're in SV. Does anyone have experience with this specific issue? That seems awfully hgh. Is he full of hot air?
Orange County tax arrearages
Is this a secured debt, or a priority claim?

If the latter, no interest. 1322 provides for "full payment, indeferred cash payments..." It does notsay "value as of the effective
date..." like Chap. 11, so interest is notrequired - just payment in full of
the principal. Another advantage isthat penalties are general
unsecured claims. All of this, of course,assumes that the tax claims
are unsecured. To the extent secured, they areentitled to presentvalue interest.

______________________Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173 (818)509-1460 (fax)web: http://www.bklaw.com/This Firm is aQualified Federal Debt Relief Agency___________NOTICE: This Electronic
Message contains information from the law office of Mark J. Markus that may be
privileged. The information is intended for the use of the addresseeonly. If you are not the addressee, note that any disclosure, copy,
distribution or use of the contents of this message is prohibited.IRS
CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS,
we inform you that any U.S. tax advice contained in this communication (or in
any attachment) is not intended or written 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 in this communication (or in any attachment).
----- Original Message -----
From:
Hale Andrew
Antico, Esq.
To: cdcbaa@yahoogroups.com
Sent: Wednesday, May 14, 2008 11:15
AM
Subject: [cdcbaa] Orange County tax
arrearages

Chapter 13 in Valley (less than 100%) and a
creditor is the Orange County tax collector, who is objecting. Just curious: they will withdrawal objection if we interlineate eighteen percent
(18%) interest on arrears. He says SA Division supports his percentage, even
though we're in SV. Does anyone have experience with this specific
issue? That seems awfully hgh. Is he full of hot
air?

The post was migrated from Yahoo.

charset="US-ASCII"
Chapter 13 in Valley (less than 100%) and a creditor is the Orange County
tax collector, who is objecting. Just curious: they will withdrawal
objection if we interlineate eighteen percent (18%) interest on arrears. He
says SA Division supports his percentage, even though we're in SV. Does
anyone have experience with this specific issue? That seems awfully hgh.
Is he full of hot air?
charset="US-ASCII"
Orange County tax arrearages
Chapter 13 in Valley (less than 100%) and a creditor is the Orange County tax collector, who is objecting. Just curious: they will withdrawal objection if we interlineate eighteen percent (18%) interest on arrears. He says SA Division supports his percentage, even though we're in SV. Does anyone have experience with this specific issue? That seems awfully hgh. Is he full of hot air?

The post was migrated from Yahoo.