LawTalkers

LawTalkers (http://www.lawtalkers.com/forums/index.php)
-   The Big Board (http://www.lawtalkers.com/forums/forumdisplay.php?f=13)
-   -   It was the wrong thread (http://www.lawtalkers.com/forums/showthread.php?t=573)

Spanky 09-08-2005 04:49 PM

Motion to Compel Abandonment
 
Quote:

Originally posted by Penske_Account
do various lien holders=mortgagees?

Recorded mortgage(s) would be perfected, no?
Yes liens equal mortgages. If by perfected you mean paid off then yes. The only issue is that of the third mortgage. For the third mortgage I will not pay them the full amount but they will agree to that take that amount to cure the lien (pay of the mortgage).

Every other mortgage, and taxes etc. will all be paid off in full.

Penske_Account 09-08-2005 04:59 PM

Motion to Compel Abandonment
 
Quote:

Originally posted by Spanky
Yes liens equal mortgages. If by perfected you mean paid off then yes. The only issue is that of the third mortgage. For the third mortgage I will not pay them the full amount but they will agree to that take that amount to cure the lien (pay of the mortgage).

Every other mortgage, and taxes etc. will all be paid off in full.
By perfected I meant recorded.

I am not a bankruptcy attorney (and don't want to be, no offence) so I am not sure where Hank's question was going other than as to whether the Trustee has notice of the mortgage, i.e. if its unrecorded maybe he doesn't know about; and the priorities involved.

baltassoc 09-08-2005 05:01 PM

Motion to Compel Abandonment
 
Quote:

Originally posted by Spanky
Yes liens equal mortgages. If by perfected you mean paid off then yes. The only issue is that of the third mortgage. For the third mortgage I will not pay them the full amount but they will agree to that take that amount to cure the lien (pay of the mortgage).

Every other mortgage, and taxes etc. will all be paid off in full.
Don't take this the wrong way, but you seriously ought to think about hiring a bankruptcy attorney here. This isn't a particularly complicated matter, but it could be easy to screw up. I don't think it'd cost you very much to get this handled, as bankruptcy attorneys are fairly inexpensive and you'd be a great client (i.e., you'd pay).

(It sounds to me like what you are proposing is simply a settlement of the estate (i.e. all creditors get paid, at least in part, and sign off on the distribution) as opposed to a motion to compel abandonment, which is a request to compel the trustee to give up a claim to an asset that could be part of the estate.)

Southern Patriot 09-08-2005 05:25 PM

Motion to Compel Abandonment
 
Quote:

Originally posted by baltassoc
Don't take this the wrong way, but you seriously ought to think about hiring a bankruptcy attorney here. This isn't a particularly complicated matter, but it could be easy to screw up. I don't think it'd cost you very much to get this handled, as bankruptcy attorneys are fairly inexpensive and you'd be a great client (i.e., you'd pay).

(It sounds to me like what you are proposing is simply a settlement of the estate (i.e. all creditors get paid, at least in part, and sign off on the distribution) as opposed to a motion to compel abandonment, which is a request to compel the trustee to give up a claim to an asset that could be part of the estate.)
Son, you've seen how he does things on the PB. Why would he consider hiring a professional?

baltassoc 09-08-2005 05:29 PM

Motion to Compel Abandonment
 
Quote:

Originally posted by Southern Patriot
Son, you've seen how he does things on the PB. Why would he consider hiring a professional?
Well, he hasn't really mentioned anything about the Serbian for a while, so maybe it hasn't worked out so well.

Spanky 09-08-2005 05:31 PM

Motion to Compel Abandonment
 
Quote:

Originally posted by baltassoc
Don't take this the wrong way, but you seriously ought to think about hiring a bankruptcy attorney here. This isn't a particularly complicated matter, but it could be easy to screw up. I don't think it'd cost you very much to get this handled, as bankruptcy attorneys are fairly inexpensive and you'd be a great client (i.e., you'd pay).

(It sounds to me like what you are proposing is simply a settlement of the estate (i.e. all creditors get paid, at least in part, and sign off on the distribution) as opposed to a motion to compel abandonment, which is a request to compel the trustee to give up a claim to an asset that could be part of the estate.)
1) On these deals I spend as little as possible (as many don't pay off), and in addition, I find when I don't hire other lawyers I learn how to do it for next time. In addition, I can't imagine this motion is too difficult. I just need a previous filing to use as a guideline and I will be on my way.

2) The issue is time. I don't have time to sit around and wait for the settlement. I have the deal worked out and need to move the house. Offers from the bank are for a limited time. I am a business man now, not a lawyer, so time is the enemy. Getting the trustee to give up the claim to the asset is exactly what I need to happen so I can purchase the house.

Spanky 09-08-2005 05:39 PM

Motion to Compel Abandonment
 
Quote:

Originally posted by Penske_Account
By perfected I meant recorded.

I am not a bankruptcy attorney (and don't want to be, no offence) so I am not sure where Hank's question was going other than as to whether the Trustee has notice of the mortgage, i.e. if its unrecorded maybe he doesn't know about; and the priorities involved.
If they are not recorded I don't have to worry about them. So it is perfected.

It is pretty easy to get a title report so I am sure the Trustee knows about it.

Hank do you have a copy of the motion that you could delete the names and send it to me?

paigowprincess 09-08-2005 05:56 PM

Motion to Compel Abandonment
 
Quote:

Originally posted by baltassoc
I hate to be all Luddite on this, but your best bet is to head down to the Federal courthouse and look it up in Colliers on Bankruptcy.

(I've never done a motion to compel abandonment, but I have done a fair amount of other bankruptcy work - Colliers rocks).
Actually, his best bet is to ask a lawyer friend to borrow such book from law library. Easy and effortfree!

baltassoc 09-08-2005 05:58 PM

Motion to Compel Abandonment
 
Quote:

Originally posted by paigowprincess
Actually, his best bet is to ask a lawyer friend to borrow such book from law library. Easy and effortfree!
Except it's about 20 volumes.

Penske_Account 09-08-2005 05:59 PM

Motion to Compel Abandonment
 
Quote:

Originally posted by Spanky
If they are not recorded I don't have to worry about them. So it is perfected.

what kind of deed are you getting and even its a warranty deed, how good is this guys warranty and would it survive bankruptcy, i.e. if there is a unperfected lien you might have to worry about it.

paigowprincess 09-08-2005 06:03 PM

Motion to Compel Abandonment
 
Quote:

Originally posted by baltassoc
Except it's about 20 volumes.
Aw shit. Spanky may need to get a job then.

I've been hepful.

Spanky 09-08-2005 06:27 PM

Motion to Compel Abandonment
 
Quote:

Originally posted by Penske_Account
what kind of deed are you getting and even its a warranty deed, how good is this guys warranty and would it survive bankruptcy, i.e. if there is a unperfected lien you might have to worry about it.
This entire transaction will go through a escrow, will be fully insured, and will be recorded. There are no issues concerning the integrity of the transaction. I have bought fourteen houses where the owner is in distress. On most of these transactions the owner was either in bankruptcy (and had been for a while), had just gone through bankruptcy and went into bankruptcy after the transaction.

Where this property is different is that the homeowner filed bankruptcy right in the middle of my negotiation with the lien holder (the bank that lent him the money). I told them the homeowner could not avoid bankruptcy much longer so they had better give me an offer to complete the transaction. The bank didnh't believe me, screwed around, and the guy went into bankruptcy. Now I can't complete the transaction because the Trustee is in control of the house.

Now the bank is ready to deal but the house is part of the bankruptcy. It will take at least a month for the trustee to organize all the paperwork to determine that the homeowner is upside down in the house and a shortsale would be the best for all players involved.

The Trustee assistance, told me the only option I had to speed up the release of the house was...........A motion to compel abandonment. I have never even filed any motion in bankruptcyu court, and when I practiced law I always asked around for forms (why reinvent the wheel) so that is what I am doing here.

Penske_Account 09-08-2005 06:39 PM

Motion to Compel Abandonment
 
Quote:

Originally posted by Spanky
This entire transaction will go through a escrow, will be fully insured, and will be recorded. There are no issues concerning the integrity of the transaction. I have bought fourteen houses where the owner is in distress. On most of these transactions the owner was either in bankruptcy (and had been for a while), had just gone through bankruptcy and went into bankruptcy after the transaction.

Where this property is different is that the homeowner filed bankruptcy right in the middle of my negotiation with the lien holder (the bank that lent him the money). I told them the homeowner could not avoid bankruptcy much longer so they had better give me an offer to complete the transaction. The bank didnh't believe me, screwed around, and the guy went into bankruptcy. Now I can't complete the transaction because the Trustee is in control of the house.

Now the bank is ready to deal but the house is part of the bankruptcy. It will take at least a month for the trustee to organize all the paperwork to determine that the homeowner is upside down in the house and a shortsale would be the best for all players involved.

The Trustee assistance, told me the only option I had to speed up the release of the house was...........A motion to compel abandonment. I have never even filed any motion in bankruptcyu court, and when I practiced law I always asked around for forms (why reinvent the wheel) so that is what I am doing here.
Gotcha. I only transactions, although Slave was right, google the form and there is a link to one here, although it is for Arizona. Although that's the ninth circuit.

http://www.usforms.com/forms/AZ/c/AZ-C-310-6385.pdf

I want to do what you do. Should I quit my day job? Slave don't answer!!

Spanky 09-08-2005 06:49 PM

Thanks for the link. Exactly what I was looking for.


Don't quit your job. What I do is a roller coaster ride and I haven't perfected the system yet. The payoffs are good but there could be long periods of time with no income. That can get rough. I think I may have to find some contract work for the dry periods.

Hank Chinaski 09-08-2005 06:59 PM

Quote:

Originally posted by Spanky
Thanks for the link. Exactly what I was looking for.


Don't quit your job. What I do is a roller coaster ride and I haven't perfected the system yet. The payoffs are good but there could be long periods of time with no income. That can get rough. I think I may have to find some contract work for the dry periods.
I think what Penske meant was he wants to be on high-powered conference calls, only with webconnect so he can email photoshops to highlight his points

Replaced_Texan 09-12-2005 03:44 PM

Reposts
 
I was trolling my practice area's national group's job bank, and I came across these two listings. If anyone thinks their firm can help these guys out, you might want to forward their information to your recruiting people:

Quote:

Job Bank Listing
Posted September 12, 2005

Job Title: HK Healthcare Transactional Attorney

Located in: Austin, DFW, Houston, TX (US)

Job Code: TX0912051537030

Displaced New Orleans Healthcare transactional and regulatory attorney seeking temporary and/or long - term position with law firms or hospitals in the Austin, Dallas/Fort Worth or Houston areas. Six (6) years of experience in regulatory and transactional areas of healthcare law in representing practitioners, ASCs, multi-specialty practice groups, and full service hospitals. Resume and references available. Please contact michael_schulze@hotmail.com
Another is here:


Quote:

Job Bank Listing
Posted September 8, 2005

Job Title: HK Displaced N.O. atty.--temporary work

Located in: Chicago, IL (US)

Job Code: IL0908051526230

Asst. C.O. and Privacy Officer for AMC and adjunct paralegal faculty seeks temporary work in Chicago area (regulatory compliance, research & writing, HIPAA, Medicare, contract review, university administration, etc.) Prior experience at MA insurer. Have LA. license, J.D., and graduate work in healthcare management. Willl consider permanent position and relocation to Chicago or Portland OR. Contact jankazmier@earthlink.net.
If there are enough other Katrina affected attorneys who've posted at various practice area websites looking for replacement, we can start a separate thread for those postings.

ETA: If anonymitiy is an issue, I'll put the thread in the fashion forum, which has an anonymous login. Feel free to PM me for reposting here if I haven't started a thread yet to preserve your anonymity.

ETA 2: I've added the links to the orignal postings so ya'll don't have to refer your recruiting people to this site.

NotFromHere 09-14-2005 04:54 PM

Pledge this
 
SAN FRANCISCO - A federal judge declared teacher-led recitation of the Pledge of Allegiance in four California school districts unconstitutional Wednesday. The case was brought by the same atheist whose previous battle against the words "under God" was rejected by the U.S. Supreme Court on procedural grounds.

U.S. District Judge Lawrence Karlton ruled that the pledge's reference to one nation "under God" violates school children's right to be "free from a coercive requirement to affirm God."

Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.

Karlton, ruling in Sacramento, said he would sign a restraining order preventing the recitation of the pledge at the Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts in Sacramento County, where the plaintiffs' children attend.

The order would not extend beyond those districts unless it is affirmed by a higher court, in which case it would apply to nine western states.


Spanky 09-14-2005 05:59 PM

Less's birthday
 
Anyone have a good idea of where I should Less to dinner for his birthday? I think last year (or maybe the year before) I took him to an Afghan restaurant.

Needs to be some place exotic, different or off the wall.

NotFromHere 09-14-2005 06:03 PM

Less's birthday
 
Quote:

Originally posted by Spanky
Anyone have a good idea of where I should Less to dinner for his birthday? I think last year (or maybe the year before) I took him to an Afghan restaurant.

Needs to be some place exotic, different or off the wall.
Asia SF?

http://www.asiasf.com/images/raquel_...ina_bottom.jpg

Welcome to AsiaSF -- the renowned restaurant and nightclub located in the heart of San Francisco's vibrant South of Market district. Comprised of a restaurant, lounge, bar and subterranean dance club, AsiaSF is a journey into exotic culinary and entertainment delights. While the restaurant is widely known for its gender illusionists, 3-Star Cal-Asian cuisine and signature cocktails, the stylish décor and atmospheric lighting that sets the scene is equally dramatic. And all under the watchful eye of our Dragon -- the otherworldly being that is echoed throughout the AsiaSF experience.

The centerpiece of the restaurant is the Chinese-red runway that provides a platform for each evening's entertainment. Colorful, provocative performances by the ladies of Asia SF our world famous gender illusionists -- who double as waitstaff -- regularly spring-to-life high above the heads of our guests on this central runway.

I love that term. Gender illusionist. Make rezzies here

Flinty_McFlint 09-14-2005 08:54 PM

Less's birthday
 
Quote:

Originally posted by Spanky
Anyone have a good idea of where I should Less to dinner for his birthday? I think last year (or maybe the year before) I took him to an Afghan restaurant.

Needs to be some place exotic, different or off the wall.
Serbian food? There was an Ethiopian place in Berkeley, the Blue Nile, which was kind of exotic. Indian? Asian? Steaks? Why does it have to be exotic, if I may ask?

Spanky 09-14-2005 08:54 PM

Been there, done that, bought the T-Shirt
 
Less and I have already been there.

Next suggestion?

Spanky 09-14-2005 08:55 PM

Less's birthday
 
Quote:

Originally posted by Flinty_McFlint
Serbian food? There was an Ethiopian place in Berkeley, the Blue Nile, which was kind of exotic. Indian? Asian? Steaks? Why does it have to be exotic, if I may ask?
Life it to short for the ordinary

Flinty_McFlint 09-14-2005 08:57 PM

Been there, done that, bought the T-Shirt
 
Quote:

Originally posted by Spanky
Less and I have already been there.

Next suggestion?
Take a look at this list, maybe something will pique your interest.

I hope you score.

http://www.sfgate.com/cgi-bin/articl...100REST_AB.txt

Penske_Account 09-14-2005 09:02 PM

Less's birthday
 
Quote:

Originally posted by Spanky
Anyone have a good idea of where I should Less to dinner for his birthday? I think last year (or maybe the year before) I took him to an Afghan restaurant.

Needs to be some place exotic, different or off the wall.
I have seen my only belly dancer while supping (Al fresco) with Less. Platonically.


that does not really help you though.

I am going to Canlis for a birthday dinner tonite. that doesnt help you either.

Sorry.

Penske_Account 09-14-2005 09:03 PM

Less's birthday
 
Quote:

Originally posted by Flinty_McFlint
Serbian food? There was an Ethiopian place in Berkeley, the Blue Nile, which was kind of exotic. Indian? Asian? Steaks? Why does it have to be exotic, if I may ask?
Maybe he meant "erotic", no?

SlaveNoMore 09-14-2005 09:04 PM

Been there, done that, bought the T-Shirt
 
Quote:

Spanky
Less and I have already been there.

Next suggestion?
House of Prime Rib

SlaveNoMore 09-14-2005 09:05 PM

Less's birthday
 
Quote:

Penske_Account
I am going to Canlis for a birthday dinner tonite.
Who's the happy girl?

Flinty_McFlint 09-14-2005 09:10 PM

Been there, done that, bought the T-Shirt
 
Quote:

Originally posted by SlaveNoMore
House of Prime Rib
I love a good prime rib, though HoPR is a ripoff of Lawry's.

Spanky, wanting an exotic cuisine restaurant, might also check out www.dishdash.net, which is the website for some Lebanese food place. I have no idea what Lebanese food is like, but I think lamb is involved. Mazel tov!

Penske_Account 09-14-2005 09:15 PM

Less's birthday
 
Quote:

Originally posted by SlaveNoMore
Who's the happy girl?
I found her off your friend A's website.

LessinSF 09-14-2005 09:29 PM

Less's birthday
 
Quote:

Originally posted by NotFromHere
Asia SF?
Been there, done that. In fact, I play dominos with the head chef there - Boodles.

NotFromHere 09-15-2005 12:14 PM

Less's birthday
 
Quote:

Originally posted by LessinSF
Been there, done that. In fact, I play dominos with the head chef there - Boodles.
I am not surprised.
How about Mecca? There's a tranny that provides "entertainment." He's not a bad singer, but not a convincing woman. He looks more like Divine than RuPaul. And dinner is good.

Spanky 09-22-2005 05:35 PM

Questions on Chapter 7 bankruptcy.
 
1) Anyone know when the new bankruptcy rules are going into effect?

2) Anyone know how it is going to effect Chapter 7?

3) If you file for bankruptcy, then withdraw your petition, does anyone know how long you have to wait to file again (if you have to wait at all)?

notcasesensitive 09-22-2005 06:10 PM

Questions on Chapter 7 bankruptcy.
 
Quote:

Originally posted by Spanky
1) Anyone know when the new bankruptcy rules are going into effect?

2) Anyone know how it is going to effect Chapter 7?

3) If you file for bankruptcy, then withdraw your petition, does anyone know how long you have to wait to file again (if you have to wait at all)?
I've heard October 14 (or maybe Oct. 14 is the last day of the old system and Oct. 15 is the new rules date). No idea on the answer to the rest of your questions. If you couldn't tell already, I am not a bankruptcy lawyer.

Penske_Account 09-22-2005 06:14 PM

Questions on Chapter 7 bankruptcy.
 
Quote:

Originally posted by notcasesensitive
I've heard October 14 (or maybe Oct. 14 is the last day of the old system.
[outable] My college roommate's birthday is October 14.[/outable]

If that helps.

Hank Chinaski 09-22-2005 06:46 PM

Questions on Chapter 7 bankruptcy.
 
Quote:

Originally posted by notcasesensitive
I've heard October 14 (or maybe Oct. 14 is the last day of the old system and Oct. 15 is the new rules date). No idea on the answer to the rest of your questions. If you couldn't tell already, I am not a bankruptcy lawyer.
Holographic wills are accepted in Michigan.

notcasesensitive 09-22-2005 06:57 PM

Questions on Chapter 7 bankruptcy.
 
Quote:

Originally posted by Hank Chinaski
Holographic wills are accepted in Michigan.
Nice to know that I am more helpful than at least 2 other posters. Maybe I should boast about that in a signature line.

Penske_Account 09-22-2005 06:59 PM

Questions on Chapter 7 bankruptcy.
 
Quote:

Originally posted by notcasesensitive
Nice to know that I am more helpful than at least 2 other posters. Maybe I should boast ambout that in a signature line.
the babyjesus admires your understated humility.

Hank Chinaski 09-22-2005 07:37 PM

Questions on Chapter 7 bankruptcy.
 
Quote:

Originally posted by notcasesensitive
Nice to know that I am more helpful than at least 2 other posters. Maybe I should boast about that in a signature line.
I cannot believe i ever lost an argument to you on PB. Both Penske and i provided information about which we were sure. The information might not have been unduly relevant to Spank's question, but it was 100% accurate. Contrast to "it might be one day- it might be another." What can Spanky do with your "information?"

Spank- it might be November 11. I'm not sure.

Better?

notcasesensitive 09-22-2005 07:43 PM

Questions on Chapter 7 bankruptcy.
 
Quote:

Originally posted by Hank Chinaski
I cannot believe i ever lost an argument to you on PB.
several, actually. I'm as stunned as you are at your failure to score any points there.

Quote:

Both Penske and i provided information about which we were sure. The information might not have been unduly relevant to Spank's question, but it was 100% accurate.
Relevance is the whole ballgame. I really wanted to say "Relevance is the whole ballgame, sport", but that seemed a bit demeaning.

Quote:

Contrast to "it might be one day- it might be another." What can Spanky do with your "information?"
narrow it down to a two-day period, I guess. maybe type in "October 15" and "bankruptcy" and "effective date" and see what pops up. I never claimed is was great, but at least it's a start.

Quote:

Spank- it might be November 11. I'm not sure.

Better?
[outable] A guy I fuck on a regular basis was born on Nov. 11. [/outable]

Carry on.

Hank Chinaski 09-22-2005 08:00 PM

Questions on Chapter 7 bankruptcy.
 
Quote:

Originally posted by notcasesensitive
several, actually. I'm as stunned as you are at your failure to score any points there.

Relevance is the whole ballgame. I really wanted to say "Relevance is the whole ballgame, sport", but that seemed a bit demeaning.

narrow it down to a two-day period, I guess. maybe type in "October 15" and "bankruptcy" and "effective date" and see what pops up. I never claimed is was great, but at least it's a start.

[outable] A guy I fuck on a regular basis was born on Nov. 11. [/outable]

Carry on.
If its my son, I will see to it you go to prison, then I'll hit him up for pointers.


All times are GMT -4. The time now is 10:47 AM.

Powered by: vBulletin, Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
Hosted By: URLJet.com