CHAPTER 13 DEBTOR OBJECTS TO MOTION FOR RELIEF ON UNIQUE GROUNDS TO SAVE HOUSE

《楊清泉律師專欄》CHAPTER 13 DEBTOR OBJECTS TO MOTION FOR RELIEF ON UNIQUE GROUNDS TO SAVE HOUSE (Part I)

Mr. Walsh argued that since the bank endorsed and deposited each of the checks, the bank agreed to discontinue foreclosure and reinstate the loan. The court did not agree. The court recognized that there was a legal principle of “accord & satisfaction” to settle a debt but the court said that in order for the debtor’s “accord and satisfaction” argument to succeed, he needed to prove that he acted in good faith and that the amount of the bank’s claim was subject to a legitimate dispute. “The debtor’s failure to object to the bank’s proof of claim, which is prima facie valid, and his failure to deal with the fact that under his confirmed plan the bank’s prepetition arrears presumably have been and will continue to be paid by the Chapter 13 trustee undermine both his good faith and any credible argument for the existence of a bona fide dispute with the prepetition arrears. The debtor’s attempt to eliminate all payment arrears by writing disclaimers on two checks is nothing more than a ‘mere pretense’ to avoid paying a debt he knows is due. ” the court said.

Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than four thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.