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  1. #1
    Join Date
    Nov 2008
    Posts
    3

    Default Chapter 7 Request for Service of Notice

    My question involves bankruptcy in the state of: California

    I listed all my creditors in my chapter7 filing but 11 days prior to my creditors meeting a law firm claiming to represent a creditor filed a REQUEST FOR SERVICE OF NOTICE with the court. The Trustee at the meeting said that the meeting was concluded.

    Do I legally need to address this creditor? The creditor did not list an account number, loan number nor a balance. Will I have to file an Objection to this REQUEST FOR SERVICE OF NOTICE? How do I legally address the court?

    Thank you for your assistance regarding this matter.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,646

    Default Re: Chapter 7 Request for Service of Notice

    Why not allow service of notice? If the issue is timing, let the creditor object to the adequacy of the notice.

    Is this a creditor of yours or not? Is this a zero assets Chapter 7?

  3. #3
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Chapter 7 Request for Service of Notice

    This is a no asset case. My only secured creditor is the savings & loan on my house(Note & Deed of Trust).

    My S&L was that large one which was taken over by the federal government.

    The right to service my loan was granted by the federal government to a investment bank that this Dallas law firm claims to be the agent of.

    I have not received written notice that this investment bank has accepted assignment of the note and therefore is indeed the lender (which is required in my loan docs).

    The best I know my loan is either Freddie Mac or Fannie Mae. My property was appraised at $95,000. The remaining balance on the loan is for about $120,800. I can't imagine anyone wanting to assume the loan.

    According to their agreement with the Federal Government the investment bank had the option of assuming "certain" assets of the now dissolved S&L.
    As I stated I don't believe they did assume my loan since I haven't been given legal written notice.

    After talking to this Law firm, agent for the investment bank claiming to be the servicer of the loan (written notice received 2 days after the filing of my chapter 7 bankruptcy) they strongly suggested or perhaps admitted (judge to decide) that no one knows who the lender actually is..... that probably there are derivative positions that cannot be easily resolved (and that may NEVER be resolved).

    The additional question is this: Do I take the principal residence and bankrupt lender off the bankruptcy 30 days after the close of the 341 meeting? what are the advantages, disadvangages?

    Thank you so much. Will

  4. #4
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Chapter 7 Request for Service of Notice

    This is a no asset case. My only secured creditor is the savings & loan on my house(Note & Deed of Trust).

    My S&L was that large one which was taken over by the federal government.

    The right to service my loan was granted by the federal government to a investment bank that this Dallas law firm claims to be the agent of.

    I have not received written notice that this investment bank has accepted assignment of the note and therefore is indeed the lender (which is required in my loan docs).

    The best I know my loan is either Freddie Mac or Fannie Mae. My property was appraised at $95,000. The remaining balance on the loan is for about $120,800. I can't imagine anyone wanting to assume the loan.

    According to their agreement with the Federal Government the investment bank had the option of assuming "certain" assets of the now dissolved S&L.
    As I stated I don't believe they did assume my loan since I haven't been given legal written notice.

    After talking to this Law firm, agent for the investment bank claiming to be the servicer of the loan (written notice received 2 days after the filing of my chapter 7 bankruptcy) they strongly suggested or perhaps admitted (judge to decide) that no one knows who the lender actually is..... that probably there are derivative positions that cannot be easily resolved (and that may NEVER be resolved).

    The additional question is this: Do I take the principal residence and bankrupt lender off the bankruptcy 30 days after the close of the 341 meeting? what are the advantages, disadvangages?

    Thank you so much. Will

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