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LA Sheriff now becomes a lien holder
charsetndows-1252
My practice is that if there is a levy in process I do schedule the Sheriff, although not necessarily on Schedule D, maybe F. And I also have commenced an adversary proceeding to release the levy, naming the creditor and the sheriff. Sheriff defaulted and I got the order, which Sheriff complied with. Faster (sometimes) and easier (always) to get Trustee's sign off, and creditor's instruction to the sheriff.
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Jul 5, 2012, at 3:42 PM, sbombalier wrote:
> I thought I'd share this with you all. My client's bank account was levied 5/23/12, we filed his BK 6/1/12, sheriff gets money 6/5/12. Trustee signed letter claiming no interest in the funds and authorized release back to the client.
>
> I called the sheriff's to get status, (spoke with the Supervisor in Huntington Park and then her Supervisor) here's what I was told: 1. The sheriff is not an agent for the creditor but a lien holder. 2. Letter from trustee is insufficient and a court order would be required to return the funds to the client; 3. The money will be paid to the creditor after discharge.
>
> Basically, a BK filing does not act as a claim of exemption would.
>
> Luckily, the creditor has agreed to forward a cancellation order to the sheriffs. I am just waiting to see if the Sheriff's still tells me that the cancellation is not enough.
>
> Just wanted to share that it now appears that the Sheriff should also be listed since they become a "Lien Holder"
>
> I'm glad that the Sheriff's know that California law takes preference over Federal, so they believe.
>
> Silvia
>
>
charsetndows-1252
My practice is that if there is a levy in process I do schedule the Sheriff, although not necessarily on Schedule D, maybe F. And I also have commenced an adversary proceeding to release the levy, naming the creditor and the sheriff. Sheriff defaulted and I got the order, which Sheriff complied with. Faster (sometimes) and easier (always) to get Trustee's sign off, and creditor's instruction to the sheriff.Jason
Jason Wallach
The post was migrated from Yahoo.
Wouldnt such an AP as Ken suggests be an appropriate action of CDCBAA to undertake on behalf of all such debtors?
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
The post was migrated from Yahoo.
I fixed this issue years ago. I named Baca personally in an adversary action.
Extremely fast settlement. Maybe it's time to do it again
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
Telephone: (818) 226-1205
Facsimile : (818) 226-1213
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Thu, July 5, 2012 3:42:42 PM
Subject: [cdcbaa] LA Sheriff now becomes a lien holder
I thought I'd share this with you all. My client's bank account was levied5/23/12, we filed his BK 6/1/12, sheriff gets money 6/5/12. Trustee signedletter claiming no interest in the funds and authorized release back to theclient.
I called the sheriff's to get status, (spoke with the Supervisor in Huntington
Park and then her Supervisor) here's what I was told: 1. The sheriff is not an
agent for the creditor but a lien holder. 2. Letter from trustee is
insufficient and a court order would be required to return the funds to theclient; 3. The money will be paid to the creditor after discharge.
Basically, a BK filing does not act as a claim of exemption would.
Luckily, the creditor has agreed to forward a cancellation order to the
sheriffs. I am just waiting to see if the Sheriff's still tells me that the
cancellation is not enough.
Just wanted to share that it now appears that the Sheriff should also be listed
since they become a "Lien Holder"
I'm glad that the Sheriff's know that California law takes preference overFederal, so they believe.
Silvia
I fixed this issue years ago. I named Baca personally in an adversary action. Extremely fast settlement. Maybe it's time to do it again Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2226Telephone: (818) 226-1205Facsimile : (818) 226-1213THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE
RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.From: sbombalier <bombalier@aol.com>To: cdcbaa@yahoogroups.comSent: Thu, July 5, 2012 3:42:42 PMSubject: [cdcbaa] LA Sheriff now becomes a lien holder
I thought I'd share this with you all. My client's bank account was levied 5/23/12, we filed his BK 6/1/12, sheriff gets money 6/5/12. Trustee signed letter claiming no interest in the funds and authorized release back to the client.
I called the sheriff's to get status, (spoke with the Supervisor in Huntington Park and then her Supervisor) here's what I was told: 1. The sheriff is not an agent for the creditor but a lien holder. 2. Letter from trustee is insufficient and a court order would be required to return the funds to the client; 3. The money will be paid to the creditor after discharge.
Basically, a BK filing does not act as a claim of exemption would.
Luckily, the creditor has agreed to forward a cancellation order to the sheriffs. I am just waiting to see if the Sheriff's still tells me that the cancellation is not enough.
Just wanted to share that it now appears that the Sheriff should also be listed since they become a "Lien Holder"
I'm glad that the Sheriff's know that California law takes preference over Federal, so they believe.
Silvia
The post was migrated from Yahoo.
I thought I'd share this with you all. My client's bank account was levied 5/23/12, we filed his BK 6/1/12, sheriff gets money 6/5/12. Trustee signed letter claiming no interest in the funds and authorized release back to the client.
I called the sheriff's to get status, (spoke with the Supervisor in Huntington Park and then her Supervisor) here's what I was told: 1. The sheriff is not an agent for the creditor but a lien holder. 2. Letter from trustee is insufficient and a court order would be required to return the funds to the client; 3. The money will be paid to the creditor after discharge.
Basically, a BK filing does not act as a claim of exemption would.
Luckily, the creditor has agreed to forward a cancellation order to the sheriffs. I am just waiting to see if the Sheriff's still tells me that the cancellation is not enough.
Just wanted to share that it now appears that the Sheriff should also be listed since they become a "Lien Holder"
I'm glad that the Sheriff's know that California law takes preference over Federal, so they believe.
Silvia
The post was migrated from Yahoo.