Chapter 13 confirmed
ON DEC. 17, the court approved my client’s Chapter 13 case in Riverside. In Riverside, the 341 meetings presided by the Chapter 13 trustee are held in the morning, and the confirmation hearing of the case before the judge is held at 1:30 PM of the same day. In Los Angeles, Woodland Hills or Santa Ana, the 341 meetings precede the confirmation hearings by at least a month, with some judges, 3 to 6 months. The gap between the first and 2nd hearing allows debtors to comply with trustee requirements to have the plan confirmed before the judge at the confirmation hearing. In Riverside, you don’t have this convenience since both hearings are held within hours of each other. Consequently, as much as possible, you want everything to go smoothly at the morning hearing, so the court can confirm the plan in the afternoon. Otherwise, you’ll have to return in two weeks and go through the same process. In yesterday’s case, client filed Chapter 13 to prevent foreclosure on her home for a mortgage default of about $20,000. Her mortgage payment was very reasonable at $1,040 a month at 2% interest after a loan modification, but husband lost his job 18 months ago and has used up all unemployment benefits. Thus, even a mortgage payment that is even less than rent can be burdensome when household income is reduced.
The trustee requested for some documents at the morning hearing, and would not object to confirmation provided they were filed in by 1:30 PM. I filed the documents requested, and the only problem left was that the December mortgage due yesterday had not been paid. At the afternoon hearing, I presented client to the court to testify that she would make the mortgage payment, and so the judge confirmed the case based on her testimony. But after the hearing, client informed me that she may lose her job next month because the company she worked for had been sold, and the sale requires all employees to leave and reapply, without assurance that she would be rehired. What sad news. I suggested to husband that if he could drive around, he could use “UBER” and make money driving people around with his own car, and that they take in renters to create some income, because if future plan payments are not made, or future mortgage payments are not made timely, case will be dismissed or bank can get permission from the court to continue foreclosure. This may take one or two months but certainly, eventually, clients will lose their house, and they would still have rent that is more than their mortgage payment. Nevertheless, I am sure our God will provide for their needs because He loves them so.
Parents qualify for Obama amnesty
Client entered the United States in 1995, undocumented, through the Mexican border, and has been living in Los Angeles since then. When he came, he was 25 years old. He is now 44 years old and still illegal. He married his wife 10 years ago. His wife entered the United States in 2003 by H1-B visa, and started working for the employer. Employer went bankrupt in 2007. Wife could not find another employer, so she has been out of status for 7 years. Wife is 38 years old, and a professional. Client and wife are employed but getting much less than what they should, if they were authorized to work. Husband is an engineer but works in a gas station, working long hours as a cashier. Wife works as a customer service rep. They have 3 children aged 6, 4 and 2 who were all born in Los Angeles. Husband and wife now seek a work permits under the President’s immigration program. Do they qualify? The law requires that on November 20, 2014, applicant must have a son or daughter who is a U.S. citizen or lawful permanent resident. Since all their children are born here, children are U.S. citizens, so they meet this condition. The law requires the applicant to have continuously resided here since before January 1, 2010. Client entered through Mexico in 1995, and wife entered in 2003, so they meet this condition. The law requires applicant to have no lawful status on November 20, 2014. Client and wife are both out of status for many years. Further, the law requires that applicant be physically present here on November 20, 2014; and at the time of application, applicant has no criminal record and there are no other factors, in the exercise of discretion, makes approval inappropriate.
So, it looks like clients have a good case. The problem is the evidence required to prove all of the above circumstances, particularly, client’s entry through Mexico in 1995. Since all applications will be decided on a case-by-case basis, evidence presented must be credible. Act now, and set an appointment to see me for a free consultation to see if you qualify. I look forward to help qualify under this immigration program.
“PRAISE BE TO THE LORD, TO GOD OUR SAVIOR, WHO DAILY BEARS OUR BURDENS.” Psalms: 68:19.
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Lawrence Bautista Yang specializes in bankruptcy, business, real estate and civil litigation and has successfully represented more than five thousand clients in California. Please call Angie, Barbara or Jess at (626) 284-1142 for an appointme nt at 1000 S Fremont Ave Mailstop 58 Bldg A-1 Suite 1125 Alhambra, CA 91803.
