[WSBARP] Off Topic Referral - Creditor representation in bankruptcy

[Kary Krismer]

I haven't practiced in over 12 years, and not at all under the current 
Act, but for property that is not the debtor's residence I don't see why 
they couldn't deal with both the secured and unsecured claim of a deed 
of trust in a Chapter 13 plan.  If the mortgagee didn't object I think 
they may be out of luck

Kary L. Krismer
John L. Scott, Inc.
206 723-2148

On 12/4/2019 12:21 PM, Doug Owens wrote:
> Dear Greg, I believe that is nonsense.  A deed of trust cannot be 
> “avoided” or eliminated through bankruptcy.  Perhaps your clients 
> should attend the creditors’ meeting and talk to the trustee.  I hope 
> this is helpful.  Yours truly, Doug Owens
>
>> On Dec 4, 2019, at 12:03 PM, Gregory L. Gilday 
>> <cole-gilday at stanwoodlaw.net <mailto:cole-gilday at stanwoodlaw.net>> wrote:
>>
>> I have some clients who are the beneficiaries on a DOT on a property 
>> where the owners/borrowers are currently in Chapter 13.  They list my 
>> clients in the Plan under the "Non-standard Provisions" section, and 
>> state the the DOT will be avoided and the claim will be paid as a 
>> general unsecured claim.  Obviously, my clients are not happy with 
>> that portion of the Plan, and they are looking for someone to help 
>> them through this process.
>>
>> Any referrals would be appreciated and passed on to the clients.
>>
>> Thank you all,
>> --
>> PLEASE NOTE THAT OUR OFFICE WILL BE CLOSED FROM DECEMBER 21, 2019 
>> UNTIL JANUARY 2, 2020.HAVE A VERY MERRY CHRISTMAS AND A HAPPY NEW YEAR!
>> Very Truly Yours,
>> Gregory L. Gilday
>> Law Office of Cole & Gilday, P.C.
>> //
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