Pacific Beach is a neighborhood of San Diego, bounded by La Jolla to the north, Mission Beach to the south, Interstate 5 and Clairemont to the east, and the Pacific Ocean to the west. While largely populated by surfers and college students, the population is becoming more professional and affluent due to rising property and rental costs. "PB", as it is known as by local residents, is also home to one of San Diego's more popular nightlife, with dozens of bars, cafes, and eateries lining the main east-west street Garnet Avenue and Mission Boulevard, which runs north-south.
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Chapter 13
Payment of tax Claims in Bankruptcy after the Case is filed
The Chapter 13 Bankruptcy plan may provide for the payment of any allowed post-petition claims for taxes that become due during the pendency of the case, or for necessary consumer debts incurred after the order for relief. Bankruptcy Code §1322(b)(6), 1305.Assumption or rejection of Contracts and Leases in Bankruptcy in San Diego
The Chapter 13 bankruptcy plan may provide for any previously unrejected executory contract or unexpired lease to be assumed, rejected, or assigned in accordance with bankruptcy code section 365.Please bear in mind that this is not a
violation of the "contracts clause" of the United States Constitution as
this is a limitation on the power of states to enact legislation that
retroactively impairs rights or obligations under contracts. Bankruptcy
is Federal Law. San Diego Bankruptcy Reporter.
Chapter 13 Sale Plans
The Chapter 13 Bankruptcy plan may provide for particular claims to be paid from property of the estate or from the bankruptcy debtor's property. This is generally termed a "sale plan" where the bankruptcy debtor agrees to sell certain unnecessary property to pay some of the creditors and to reduce or make feasible the plan.
Chapter 13 Plans provide that the debtor keeps all property
The plan may provide for property of the estate to vest in the bankruptcy debtor or in another entity when the plan is confirmed or at a subsequent time. Bankruptcy Code §1322(b)(9). Pacific Bankruptcy Center, San Diego California (Chapter_13_plan.htm)Miscellaneous provisions
The Chapter 13 Bankruptcy plan also may contain any other provisions that are appropriate and consistent with the Bankruptcy Code. Bankruptcy Code §1322(b)(1)(1) Exception — lien avoidance: Where the debtor seeks to avoid a lien under Bankruptcy Code section 522(f), the proper procedure is to file a motion to avoid the lien, and not to include it as a provision of the plan.
(2) Example: mortgage lien securing discharged obligation: The Supreme Court has held that, in light of the broad definition of "claim" it is permissible to provide for a mortgage lien in a Chapter 13 plan, even though the underlying personal debt that the mortgaged property secures has been discharged in an earlier Chapter 7 case. Johnson v. Home State Bank, 111 S. Ct. 2150 (1991); San Diego Bankruptcy Reporter
Pacific Beach, California
Pacific Beach is a neighborhood of San Diego, bounded by La Jolla to the north, Mission Beach to the south, Interstate 5 and Clairemont to the east, and the Pacific Ocean to the west. While largely populated by surfers and college students, the population is becoming more professional and affluent due to rising property and rental costs. "PB", as it is known as by local residents, is also home to one of San Diego's more popular nightlife, with dozens of bars, cafes, and eateries lining the main east-west street Garnet Avenue and Mission Boulevard, which runs north-south.
The Pacific Bankruptcy Center assists the residents of Pacific Beach, California in filing for relief under the United States bankruptcy code. We are a debt relief agency
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