[WSBARP] Off Topic Referral - Creditor representation in bankruptcy
Kary Krismer
Krismer at comcast.net
Wed Dec 4 13:30:20 PST 2019
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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