Homestead Exemption Proceeds [1 Attachment]

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Posts: 22904
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Yes
Sent from my Stella Havkin's IPhone
> On Jun 9, 2014, at 11:14 AM, "'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa]" wrote:
>
> [Attachment(s) from Peter M. Lively included below]
> I found the attached materials with a Yahoo search.
>
> Is this the article?
>
> Peter M. Lively, J.D., M.B.A.
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310) 391-2462
>
>
> On Saturday, June 7, 2014 8:32 PM, "jhayes@hayesbklaw.com [cdcbaa]" wrote:
>
>
>
> Okay I apologize. You're watching OT2 eh?
>
>
>

The post was migrated from Yahoo.
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Posts: 22904
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Thank you, the article has some novel ideas. I personally would advise all
my clients about the 6 month rule unless you want to try for an en banc
decision or appeal to the ussc.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Fri, Jun 6, 2014 at 2:51 PM, 'Stella Havkin' havkinlaw@earthlink.net
[cdcbaa] wrote:
>
> [Attachment(s) from Stella Havkin included
> below]
>
> Here you go.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Thursday, June 05, 2014 11:17 PM
> *To:* cdcbaa@yahoogroups.com
> *Cc:* ngebelt@goodbye2debt.com
> *Subject:* Re: [cdcbaa] Homestead Exemption Proceeds
>
>
>
>
>
> Stella do you have a copy of the article? I was under the impression that
> the 6 month rule applied whether the sale is voluntary or involuntary (of
> course, voluntary would require declared homestead and all that jazz).
>
>
>
> I am not a big fan of the rutter guide so I'm a bit leery about things
> written by march/ahart.
>
>
>
> Sincerely,
>
> Michael Avanesian
>
> Law Offices of David A. Tilem
>
> www.tilemlaw.com
>
> 818-507-6000
>
>
>
> On Thu, Jun 5, 2014 at 7:40 PM, Nicholas Gebelt ngebelt@gebeltlaw.com
> [cdcbaa] wrote:
>
>
>
> Dear Stella and Jon,
>
>
>
> This question came up at the April 24 presentation of the Orange County
> Bar Association. The panel included Judges Albert, Bauer, Clarkson, and
> Houle, and Tom Casey, Amrane Cohen, and Michael Hauser, with Richard
> Marshack and Jay Chien serving as moderators. The general consensus was
> that if more than 180 days passed after the sale without a purchase of a
> new home, the trustee could seize the proceeds. Therefore, if you> either the Santa Ana or Riverside Divisions you may have a problem if your
> debtor hasnt reinvested in a new home.
>
>
>
> Good luck,
>
>
>
> Nick
>
>
>
> *Nicholas Gebelt*
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist
>
>
>
> [image: Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0]
>
>
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
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> Web: www.goodbye2debt.com
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> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Thursday, June 05, 2014 6:53 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Homestead Exemption Proceeds
>
>
>
>
>
> Depends if you follow Jacobsen. If it is deemed to be an involuntary sale
> according to Judge Ahart's article on the subject, then no.
>
> -----Original Message-----
> Sent: Jun 5, 2014 6:34 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Homestead Exemption Proceeds
>
> Suppose the chapter 7 trustee sells the debtor's home and gives the debtor
> the $100k as the homestead exemption. Does the debtor then have to reinvest
> it in 6 months or lose it?
>
>
> Yikes, another thing to worry about.
>
>
>
>
>
Thank you, the article has some novel ideas. I personally would advise all my clients about the 6 month rule unless you want to try for an en banc decision or appeal to the ussc.
Sincerely, Michael AvanesianLaw Offices of David A. Tilemwww.tilemlaw.com
818-507-6000
On Fri, Jun 6, 2014 at 2:51 PM, 'Stella Havkin' havkinlaw@earthlink.net [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
[Attachment(s) from Stella Havkin included below]
Here you go.
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Thursday, June 05, 2014 11:17 PMTo: cdcbaa@yahoogroups.comCc: ngebelt@goodbye2debt.com
Subject: Re: [cdcbaa] Homestead Exemption Proceeds Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365Email: ngebelt@goodbye2debt.com;
The post was migrated from Yahoo.
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