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Simultaneous Ch. 7 and 13 case
The cases I have had with Judge Riblet over the past 15 years is she continues about every six months the adversary in the 7 and lets the amount be treated as a claim in the 13 so dischargeability never is in issue if it fits into the superdischarge and the plan is completed. Then she dismisses the adversary in the 7 in the end.
>
> Date: 2004/10/13 Wed PM 01:22:56 EDT
> To:
> Subject: [cdcbaa] Simultaneous Ch. 7 and 13 case
>
>
> Debtor filed Ch. 7 and got a discharge, but an adversary proceeding was filed. It is a frivolous action and hasn't been served properly.
>
> However, debtor needs to file a Ch. 13 now for different reasons (mortgage arrears--in part due to liens being filed by said creditor in violation of the automatic stay affecting a refinance).
>
> My question is, what happens to that adversary proceeding in the CH. 7 case if debtor files a Ch. 13 now? Can debtor just forget about answering the complaint, etc?
>
>
> ***********************************************
> 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)
> e-mail: bklawr@bklaw.com
> web: http://www.bklaw.com/
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>
> Who is your judge? Zurzolo files osc's and
dismisses the 13. There is a lot of case law which
says a debtor cannot be in two cases at once.
Best move to dismiss the dischargeability case, or get
it settled, if you are going into a 13, you might just
tell the debtor to stip to nondischargeability and
deal with the debt in the 13. Make sure your letter
covers every aspect, including if the 13 fails, the
debtor has waived the discharge of the frivolous debt.
dennis
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The post was migrated from Yahoo.
Debtor filed Ch. 7 and got a discharge, but an adversary proceeding was filed. It is a frivolous action and hasn't been served properly.
However, debtor needs to file a Ch. 13 now for different reasons (mortgage arrears--in part due to liens being filed by said creditor in violation of the automatic stay affecting a refinance).
My question is, what happens to that adversary proceeding in the CH. 7 case if debtor files a Ch. 13 now? Can debtor just forget about answering the complaint, etc?
***********************************************
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)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
Debtor filed Ch. 7 and got a discharge, but an
adversary proceeding was filed. It is a frivolous action and hasn't been
served properly.
However, debtor needs to file a Ch. 13 now for
different reasons (mortgage arrears--in part due to liens being filed by said
creditor in violation of the automatic stay affecting a refinance).
My question is, what happens to that adversary
proceeding in the CH. 7 case if debtor files a Ch. 13 now? Can
debtor just forget about answering the complaint, etc?
***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.