.jpg)
Help! 522(f) motions denied by Judge Kwan
Larry, can you send me the case number or case name for your Judge Kwan
case? The docs you attached won't open properly. Thank you!
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Tue, May 15, 2012 at 12:21 PM, Larry Webb wrote:
> **
>
>
> Holly,****
>
> ** **
>
> Judge Kwan just signed a 522(f) motion for me; the motion included
> certified copies of all recorded documents, copies of loan statements with
> a client declaration and a full appraisal with appraisers declaration. I
> told the clients they could hire an appraiser or live with the lien, they
> paid the appraiser. ****
>
> ** **
>
> ** **
>
> ** **
>
> Best regards****
>
> ** **
>
> ** **
>
> Larry Webb****
>
> State Bar of California 229344****
>
> Central District California****
>
> "A Debt Relief Agency"****
>
> ** **
>
> Larry@webbklaw. com****
>
> Law Offices of Larry Webb****
>
> 484 Mobil Ste 43****
>
> Camarillo Ca 93010****
>
> ** **
>
> P 805.987.1400****
>
> F 805.987.2866****
>
> C 805.750.2150****
>
> ** **
>
> ** **
>
> ** **
>
> ** **
>
> ** **
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Holly Roark
> *Sent:* Tuesday, May 15, 2012 11:56 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Help! 522(f) motions denied by Judge Kwan****
>
> ** **
>
> ****
>
> Is a Broker Price Opinion sufficient evidence of value for a 522(f) Motion
> or do I absolutely need an appraisal? BPOs are obviously a lot cheaper
> than Appraisals.
>
>
>
>
> ****
>
> Holly Roark****
>
> holly@roarklawoffices.com****
>
> www.roarklawoffices.com****
>
> Central District of California****
>
> Consumer Bankruptcy Attorney****
>
> 1875 Century Park East, Suite 600****
>
> Los Angeles, CA 90067****
>
> T (310) 553-2600****
>
> F (310) 553-2601****
>
> ****
>
>
>
> ****
>
> On Tue, May 15, 2012 at 10:32 AM, Holly Roark
> wrote:****
>
> Sale pending. Buyers may walk.****
>
>
>
> ****
>
> Holly Roark****
>
> holly@roarklawoffices.com****
>
> www.roarklawoffices.com****
>
> Central District of California****
>
> Consumer Bankruptcy Attorney****
>
> 1875 Century Park East, Suite 600****
>
> Los Angeles, CA 90067****
>
> T (310) 553-2600****
>
> F (310) 553-2601****
>
> ****
>
>
>
> ****
>
> On Tue, May 15, 2012 at 10:29 AM, Kirk Brennan
> wrote:****
>
> ****
>
> Why the tight deadline? ****
>
> ** **
>
> On Tue, May 15, 2012 at 10:23 AM, Holly Roark
> wrote:****
>
> ****
>
> I am under the gun here. Judge Kwan denied two of my 522(f) motions. I
> prepared them the exact same way I have always prepared these motions in
> the past (and obtained successful results), but apparently Judge Kwan needs
> more evidence than the Debtor's Declaration with certain schedules attached.
>
> Judge Kwan wants:****
>
> 1) Recorded trust deeds from the senior lien holders (admissions in
> debtor's schedules not sufficient) ****
>
> 2) Admissible evidence showing the amounts owed on those loans (admissions
> in debtor's schedules not sufficient) ****
>
> 3) Appraisals or Broker Price Opinion on the properties - he is not
> satisfied with the Debtor's own testimony and admissions as to the value of
> the Property, despite the fact that under Evidence Code section 813(a)(2)
> the Debtor is competent to testify as to the value of her own property. *
> ***
>
>
> I have to get favorable orders by May 25. My question to my colleagues
> is, do I file an emergency motion to avoid liens (is that even possible)
> with the evidence he is looking for, or do I file a motion to reconsider,
> and attach the further evidence to that? Procedurally what is the best way
> to get what I want by May 25? Any dockets you can point me to where you
> have done this would be greatly appreciated!
>
>
> ****
>
> Holly Roark****
>
> holly@roarklawoffices.com****
>
> www.roarklawoffices.com****
>
> Central District of California****
>
> Consumer Bankruptcy Attorney****
>
> 1875 Century Park East, Suite 600****
>
> Los Angeles, CA 90067****
>
> T (310) 553-2600****
>
> F (310) 553-2601****
>
> ****
>
> ** **
>
>
>
> ****
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director. ****
>
> ** **
>
> ** **
>
> ****
>
>
>
Larry, can you send me the case number or case name for your Judge Kwan case? The docs you attached won't open properly. Thank you!Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Tue, May 15, 2012 at 12:21 PM, Larry Webb <larry@webbklaw.com> wrote:
Holly,
The post was migrated from Yahoo.
I dont see why not. Just explain the urgency in the application. I dont
have a sample in the 522f context, but do have one on a motion to extend
the stay. Let me know if you want it.
On May 16, 2012 1:34 AM, "Holly Roark" wrote:
> **
>
>
> Can I do an application for order shortening time on a 522(f) motion?
> Does anyone have a sample?
>
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
>
>
> On Tue, May 15, 2012 at 10:23 AM, Holly Roark wrote:
>
>> I am under the gun here. Judge Kwan denied two of my 522(f) motions. I
>> prepared them the exact same way I have always prepared these motions in
>> the past (and obtained successful results), but apparently Judge Kwan needs
>> more evidence than the Debtor's Declaration with certain schedules attached.
>>
>> Judge Kwan wants:
>>
>> 1) Recorded trust deeds from the senior lien holders (admissions in
>> debtor's schedules not sufficient)
>>
>> 2) Admissible evidence showing the amounts owed on those loans
>> (admissions in debtor's schedules not sufficient)
>>
>> 3) Appraisals or Broker Price Opinion on the properties - he is not
>> satisfied with the Debtor's own testimony and admissions as to the value of
>> the Property, despite the fact that under Evidence Code section
>> 813(a)(2) the Debtor is competent to testify as to the value of her own
>> property.
>>
>> I have to get favorable orders by May 25. My question to my colleagues
>> is, do I file an emergency motion to avoid liens (is that even possible)
>> with the evidence he is looking for, or do I file a motion to reconsider,
>> and attach the further evidence to that? Procedurally what is the best way
>> to get what I want by May 25? Any dockets you can point me to where you
>> have done this would be greatly appreciated!
>>
>>
>> Holly Roark
>> holly@roarklawoffices.com
>> www.roarklawoffices.com
>> Central District of California
>> Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600
>> Los Angeles, CA 90067
>> T (310) 553-2600
>> F (310) 553-2601
>>
>>
>>
>
>
I dont see why not. Just explain the urgency in the application. I dont have a sample in the 522f context, but do have one on a motion to extend the stay. Let me know if you want it.
On May 16, 2012 1:34 AM, "Holly Roark" <hollyroark22@gmail.com> wrote:
The post was migrated from Yahoo.
Can I do an application for order shortening time on a 522(f) motion? Does
anyone have a sample?
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Tue, May 15, 2012 at 10:23 AM, Holly Roark wrote:
> I am under the gun here. Judge Kwan denied two of my 522(f) motions. I
> prepared them the exact same way I have always prepared these motions in
> the past (and obtained successful results), but apparently Judge Kwan needs
> more evidence than the Debtor's Declaration with certain schedules attached.
>
> Judge Kwan wants:
>
> 1) Recorded trust deeds from the senior lien holders (admissions in
> debtor's schedules not sufficient)
>
> 2) Admissible evidence showing the amounts owed on those loans (admissions
> in debtor's schedules not sufficient)
>
> 3) Appraisals or Broker Price Opinion on the properties - he is not
> satisfied with the Debtor's own testimony and admissions as to the value of
> the Property, despite the fact that under Evidence Code section 813(a)(2) the
> Debtor is competent to testify as to the value of her own property.
>
> I have to get favorable orders by May 25. My question to my colleagues
> is, do I file an emergency motion to avoid liens (is that even possible)
> with the evidence he is looking for, or do I file a motion to reconsider,
> and attach the further evidence to that? Procedurally what is the best way
> to get what I want by May 25? Any dockets you can point me to where you
> have done this would be greatly appreciated!
>
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
>
Can I do an application for order shortening time on a 522(f) motion? Does anyone have a sample?Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Tue, May 15, 2012 at 10:23 AM, Holly Roark <hollyroark22@gmail.com> wrote:
I am under the gun here. Judge Kwan denied two of my 522(f) motions. I prepared them the exact same way I have always prepared these motions in the past (and obtained successful results), but apparently Judge Kwan needs more evidence than the Debtor's Declaration with certain schedules attached.
Judge Kwan wants:
1) Recorded trust deeds from the senior lien holders (admissions in debtor's schedules not sufficient)
2) Admissible evidence showing the amounts owed on those loans (admissions in debtor's schedules not sufficient)
3) Appraisals or Broker Price Opinion on the properties - he
is not satisfied with the Debtor's own testimony and admissions as to the value of the
Property, despite the fact that under Evidence Code section 813(a)(2) the Debtor is competent to
testify as to the value of her own property.
I have to get favorable orders by May 25. My question to my colleagues is, do I file an emergency motion to avoid liens (is that even possible) with the evidence he is looking for, or do I file a motion to reconsider, and attach the further evidence to that? Procedurally what is the best way to get what I want by May 25? Any dockets you can point me to where you have done this would be greatly appreciated!
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T
The post was migrated from Yahoo.
charset="US-ASCII"
I got one through without an appraisal before Donovan recently but I was
nervous about it, and so don't recommend it.
Also be very careful if you have multiple 522f motions to notice the
lien holder in the other case because the local rules say you must serve
ALL lien holders - not only the 1st mortgage holders but the lien holder
in the other motion, which for me is not very intuitive. So if you're
doing a motion to strip creditor Z and you're doing a separate motion to
strip creditor Y, Y must be served in Z's motion and Z must be served
in Y's motion.
The post was migrated from Yahoo.
I'm trying one with a Comparative Market Analysis done by a broker.
Waiting to see if it works.
On Tue, May 15, 2012 at 12:21 PM, Larry Webb wrote:
> **
>
>
> Holly,****
>
> ** **
>
> Judge Kwan just signed a 522(f) motion for me; the motion included
> certified copies of all recorded documents, copies of loan statements with
> a client declaration and a full appraisal with appraisers declaration. I
> told the clients they could hire an appraiser or live with the lien, they
> paid the appraiser. ****
>
> ** **
>
> ** **
>
> ** **
>
> Best regards****
>
> ** **
>
> ** **
>
> Larry Webb****
>
> State Bar of California 229344****
>
> Central District California****
>
> "A Debt Relief Agency"****
>
> ** **
>
> Larry@webbklaw. com****
>
> Law Offices of Larry Webb****
>
> 484 Mobil Ste 43****
>
> Camarillo Ca 93010****
>
> ** **
>
> P 805.987.1400****
>
> F 805.987.2866****
>
> C 805.750.2150****
>
> ** **
>
> ** **
>
> ** **
>
> ** **
>
> ** **
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Holly Roark
> *Sent:* Tuesday, May 15, 2012 11:56 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Help! 522(f) motions denied by Judge Kwan****
>
> ** **
>
> ****
>
> Is a Broker Price Opinion sufficient evidence of value for a 522(f) Motion
> or do I absolutely need an appraisal? BPOs are obviously a lot cheaper
> than Appraisals.
>
>
>
>
> ****
>
> Holly Roark****
>
> holly@roarklawoffices.com****
>
> www.roarklawoffices.com****
>
> Central District of California****
>
> Consumer Bankruptcy Attorney****
>
> 1875 Century Park East, Suite 600****
>
> Los Angeles, CA 90067****
>
> T (310) 553-2600****
>
> F (310) 553-2601****
>
> ****
>
>
>
> ****
>
> On Tue, May 15, 2012 at 10:32 AM, Holly Roark
> wrote:****
>
> Sale pending. Buyers may walk.****
>
>
>
> ****
>
> Holly Roark****
>
> holly@roarklawoffices.com****
>
> www.roarklawoffices.com****
>
> Central District of California****
>
> Consumer Bankruptcy Attorney****
>
> 1875 Century Park East, Suite 600****
>
> Los Angeles, CA 90067****
>
> T (310) 553-2600****
>
> F (310) 553-2601****
>
> ****
>
>
>
> ****
>
> On Tue, May 15, 2012 at 10:29 AM, Kirk Brennan
> wrote:****
>
> ****
>
> Why the tight deadline? ****
>
> ** **
>
> On Tue, May 15, 2012 at 10:23 AM, Holly Roark
> wrote:****
>
> ****
>
> I am under the gun here. Judge Kwan denied two of my 522(f) motions. I
> prepared them the exact same way I have always prepared these motions in
> the past (and obtained successful results), but apparently Judge Kwan needs
> more evidence than the Debtor's Declaration with certain schedules attached.
>
> Judge Kwan wants:****
>
> 1) Recorded trust deeds from the senior lien holders (admissions in
> debtor's schedules not sufficient) ****
>
> 2) Admissible evidence showing the amounts owed on those loans (admissions
> in debtor's schedules not sufficient) ****
>
> 3) Appraisals or Broker Price Opinion on the properties - he is not
> satisfied with the Debtor's own testimony and admissions as to the value of
> the Property, despite the fact that under Evidence Code section 813(a)(2)
> the Debtor is competent to testify as to the value of her own property. *
> ***
>
>
> I have to get favorable orders by May 25. My question to my colleagues
> is, do I file an emergency motion to avoid liens (is that even possible)
> with the evidence he is looking for, or do I file a motion to reconsider,
> and attach the further evidence to that? Procedurally what is the best way
> to get what I want by May 25? Any dockets you can point me to where you
> have done this would be greatly appreciated!
>
>
> ****
>
> Holly Roark****
>
> holly@roarklawoffices.com****
>
> www.roarklawoffices.com****
>
> Central District of California****
>
> Consumer Bankruptcy Attorney****
>
> 1875 Century Park East, Suite 600****
>
> Los Angeles, CA 90067****
>
> T (310) 553-2600****
>
> F (310) 553-2601****
>
> ****
>
> ** **
>
>
>
> ****
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director. ****
>
> ** **
>
> ** **
>
> ****
>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
I'm trying one with a Comparative Market Analysis done by a broker. Waiting to see if it works.On Tue, May 15, 2012 at 12:21 PM, Larry Webb <larry@webbklaw.com> wrote:
Holly,
The post was migrated from Yahoo.
Holly,
Judge Kwan just signed a 522(f) motion for me; the motion included certified
copies of all recorded documents, copies of loan statements with a client
declaration and a full appraisal with appraisers declaration. I told the
clients they could hire an appraiser or live with the lien, they paid the
appraiser.
Best regards
Larry Webb
State Bar of California 229344
Central District California
"A Debt Relief Agency"
Larry@webbklaw. com
Law Offices of Larry Webb
484 Mobil Ste 43
Camarillo Ca 93010
P 805.987.1400
F 805.987.2866
C 805.750.2150
The post was migrated from Yahoo.
Is a Broker Price Opinion sufficient evidence of value for a 522(f) Motion
or do I absolutely need an appraisal? BPOs are obviously a lot cheaper
than Appraisals.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Tue, May 15, 2012 at 10:32 AM, Holly Roark wrote:
> Sale pending. Buyers may walk.
>
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
>
>
> On Tue, May 15, 2012 at 10:29 AM, Kirk Brennan wrote:
>
>> **
>>
>>
>> Why the tight deadline?
>>
>> On Tue, May 15, 2012 at 10:23 AM, Holly Roark wrote:
>>
>>> **
>>>
>>>
>>> I am under the gun here. Judge Kwan denied two of my 522(f) motions. I
>>> prepared them the exact same way I have always prepared these motions in
>>> the past (and obtained successful results), but apparently Judge Kwan needs
>>> more evidence than the Debtor's Declaration with certain schedules attached.
>>>
>>> Judge Kwan wants:
>>>
>>> 1) Recorded trust deeds from the senior lien holders (admissions in
>>> debtor's schedules not sufficient)
>>>
>>> 2) Admissible evidence showing the amounts owed on those loans
>>> (admissions in debtor's schedules not sufficient)
>>>
>>> 3) Appraisals or Broker Price Opinion on the properties - he is not
>>> satisfied with the Debtor's own testimony and admissions as to the value of
>>> the Property, despite the fact that under Evidence Code section
>>> 813(a)(2) the Debtor is competent to testify as to the value of her own
>>> property.
>>>
>>> I have to get favorable orders by May 25. My question to my colleagues
>>> is, do I file an emergency motion to avoid liens (is that even possible)
>>> with the evidence he is looking for, or do I file a motion to reconsider,
>>> and attach the further evidence to that? Procedurally what is the best way
>>> to get what I want by May 25? Any dockets you can point me to where you
>>> have done this would be greatly appreciated!
>>>
>>>
>>> Holly Roark
>>> holly@roarklawoffices.com
>>> www.roarklawoffices.com
>>> Central District of California
>>> Consumer Bankruptcy Attorney
>>> 1875 Century Park East, Suite 600
>>> Los Angeles, CA 90067
>>> T (310) 553-2600
>>> F (310) 553-2601
>>>
>>>
>>>
>>
>>
>> --
>> Kirk Brennan, esq.
>> California Law Office, P.C.
>> www.calibankruptcysite.com
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>> exclusive and confidential use of the intended recipient. If you are not
>> the intended recipient, please do not read, distribute or take action in
>> reliance on this message. If you have received this message in error,
>> please notify us immediately by return e-mail and promptly delete this
>> message and its attachments from your computer system. We do not waive
>> attorney-client or work product privilege by the transmission of this
>> message.
>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>> be used to establish reasonable reliance on the opinion of counsel for the
>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>> Revenue Code. The firm provides reliance opinions only in formal opinion
>> letters containing the signature of a director.
>>
>>
>>
>
>
Is a Broker Price Opinion sufficient evidence of value for a 522(f) Motion or do I absolutely need an appraisal? BPOs are obviously a lot cheaper than Appraisals.Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Tue, May 15, 2012 at 10:32 AM, Holly Roark <hollyroark22@gmail.com> wrote:
Sale pending. Buyers may walk.Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T
The post was migrated from Yahoo.
Sale pending. Buyers may walk.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Tue, May 15, 2012 at 10:29 AM, Kirk Brennan wrote:
> **
>
>
> Why the tight deadline?
>
> On Tue, May 15, 2012 at 10:23 AM, Holly Roark wrote:
>
>> **
>>
>>
>> I am under the gun here. Judge Kwan denied two of my 522(f) motions. I
>> prepared them the exact same way I have always prepared these motions in
>> the past (and obtained successful results), but apparently Judge Kwan needs
>> more evidence than the Debtor's Declaration with certain schedules attached.
>>
>> Judge Kwan wants:
>>
>> 1) Recorded trust deeds from the senior lien holders (admissions in
>> debtor's schedules not sufficient)
>>
>> 2) Admissible evidence showing the amounts owed on those loans
>> (admissions in debtor's schedules not sufficient)
>>
>> 3) Appraisals or Broker Price Opinion on the properties - he is not
>> satisfied with the Debtor's own testimony and admissions as to the value of
>> the Property, despite the fact that under Evidence Code section
>> 813(a)(2) the Debtor is competent to testify as to the value of her own
>> property.
>>
>> I have to get favorable orders by May 25. My question to my colleagues
>> is, do I file an emergency motion to avoid liens (is that even possible)
>> with the evidence he is looking for, or do I file a motion to reconsider,
>> and attach the further evidence to that? Procedurally what is the best way
>> to get what I want by May 25? Any dockets you can point me to where you
>> have done this would be greatly appreciated!
>>
>>
>> Holly Roark
>> holly@roarklawoffices.com
>> www.roarklawoffices.com
>> Central District of California
>> Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600
>> Los Angeles, CA 90067
>> T (310) 553-2600
>> F (310) 553-2601
>>
>>
>>
>
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
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> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
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> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
Sale pending. Buyers may walk.Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Tue, May 15, 2012 at 10:29 AM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
Why the tight deadline? On Tue, May 15, 2012 at 10:23 AM, Holly Roark <hollyroark22@gmail.com> wrote:
I am under the gun here. Judge Kwan denied two of my 522(f) motions. I prepared them the exact same way I have always prepared these motions in the past (and obtained successful results), but apparently Judge Kwan needs more evidence than the Debtor's Declaration with certain schedules attached.
Judge Kwan wants:
1) Recorded trust deeds from the senior lien holders (admissions in debtor's schedules not sufficient)
2) Admissible evidence showing the amounts owed on those loans (admissions in debtor's schedules not sufficient)
3) Appraisals or Broker Price Opinion on the properties - he
is not satisfied with the Debtor's own testimony and admissions as to the value of the
Property, despite the fact that under Evidence Code section 813(a)(2) the Debtor is competent to
testify as to the value of her own property.
I have to get favorable orders by May 25. My question to my colleagues is, do I file an emergency motion to avoid liens (is that even possible) with the evidence he is looking for, or do I file a motion to reconsider, and attach the further evidence to that? Procedurally what is the best way to get what I want by May 25? Any dockets you can point me to where you have done this would be greatly appreciated!
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T
The post was migrated from Yahoo.
Why the tight deadline?
On Tue, May 15, 2012 at 10:23 AM, Holly Roark wrote:
> **
>
>
> I am under the gun here. Judge Kwan denied two of my 522(f) motions. I
> prepared them the exact same way I have always prepared these motions in
> the past (and obtained successful results), but apparently Judge Kwan needs
> more evidence than the Debtor's Declaration with certain schedules attached.
>
> Judge Kwan wants:
>
> 1) Recorded trust deeds from the senior lien holders (admissions in
> debtor's schedules not sufficient)
>
> 2) Admissible evidence showing the amounts owed on those loans (admissions
> in debtor's schedules not sufficient)
>
> 3) Appraisals or Broker Price Opinion on the properties - he is not
> satisfied with the Debtor's own testimony and admissions as to the value of
> the Property, despite the fact that under Evidence Code section 813(a)(2) the
> Debtor is competent to testify as to the value of her own property.
>
> I have to get favorable orders by May 25. My question to my colleagues
> is, do I file an emergency motion to avoid liens (is that even possible)
> with the evidence he is looking for, or do I file a motion to reconsider,
> and attach the further evidence to that? Procedurally what is the best way
> to get what I want by May 25? Any dockets you can point me to where you
> have done this would be greatly appreciated!
>
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Why the tight deadline? On Tue, May 15, 2012 at 10:23 AM, Holly Roark <hollyroark22@gmail.com> wrote:
I am under the gun here. Judge Kwan denied two of my 522(f) motions. I prepared them the exact same way I have always prepared these motions in the past (and obtained successful results), but apparently Judge Kwan needs more evidence than the Debtor's Declaration with certain schedules attached.
Judge Kwan wants:
1) Recorded trust deeds from the senior lien holders (admissions in debtor's schedules not sufficient)
2) Admissible evidence showing the amounts owed on those loans (admissions in debtor's schedules not sufficient)
3) Appraisals or Broker Price Opinion on the properties - he
is not satisfied with the Debtor's own testimony and admissions as to the value of the
Property, despite the fact that under Evidence Code section 813(a)(2) the Debtor is competent to
testify as to the value of her own property.
I have to get favorable orders by May 25. My question to my colleagues is, do I file an emergency motion to avoid liens (is that even possible) with the evidence he is looking for, or do I file a motion to reconsider, and attach the further evidence to that? Procedurally what is the best way to get what I want by May 25? Any dockets you can point me to where you have done this would be greatly appreciated!
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T
The post was migrated from Yahoo.
I am under the gun here. Judge Kwan denied two of my 522(f) motions. I
prepared them the exact same way I have always prepared these motions in
the past (and obtained successful results), but apparently Judge Kwan needs
more evidence than the Debtor's Declaration with certain schedules attached.
Judge Kwan wants:
1) Recorded trust deeds from the senior lien holders (admissions in
debtor's schedules not sufficient)
2) Admissible evidence showing the amounts owed on those loans (admissions
in debtor's schedules not sufficient)
3) Appraisals or Broker Price Opinion on the properties - he is not
satisfied with the Debtor's own testimony and admissions as to the value of
the Property, despite the fact that under Evidence Code section 813(a)(2) the
Debtor is competent to testify as to the value of her own property.
I have to get favorable orders by May 25. My question to my colleagues is,
do I file an emergency motion to avoid liens (is that even possible) with
the evidence he is looking for, or do I file a motion to reconsider, and
attach the further evidence to that? Procedurally what is the best way to
get what I want by May 25? Any dockets you can point me to where you have
done this would be greatly appreciated!
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
I am under the gun here. Judge Kwan denied two of my 522(f) motions. I prepared them the exact same way I have always prepared these motions in the past (and obtained successful results), but apparently Judge Kwan needs more evidence than the Debtor's Declaration with certain schedules attached.
Judge Kwan wants:
1) Recorded trust deeds from the senior lien holders (admissions in debtor's schedules not sufficient)
2) Admissible evidence showing the amounts owed on those loans (admissions in debtor's schedules not sufficient)
3) Appraisals or Broker Price Opinion on the properties - he
is not satisfied with the Debtor's own testimony and admissions as to the value of the
Property, despite the fact that under Evidence Code section 813(a)(2) the Debtor is competent to
testify as to the value of her own property.
I have to get favorable orders by May 25. My question to my colleagues is, do I file an emergency motion to avoid liens (is that even possible) with the evidence he is looking for, or do I file a motion to reconsider, and attach the further evidence to that? Procedurally what is the best way to get what I want by May 25? Any dockets you can point me to where you have done this would be greatly appreciated!
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
The post was migrated from Yahoo.