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Reply-To: Craig J Beauchamp
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To: cdcbaa@yahoogroups.com
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Tuan, I've done a number of these going back as far as 2009. The valuation
of the property from that date needs to be verified. Most of the judges I
appeared before have allowed a certified BPO back dated to the month of
filing. The Broker's certification is required. I have heard that some
judges may require an appraisal. If one was done for the original filing,
you have no problems. Zillow or other online programs are not acceptable.
But look at the form and you will see you need quite a bit of information
and documents to attach. You will need proof of what was outstanding at
the time of filing for all the secured liens on the property. Make sure
you follow the service rules to the creditor in this matter. Certified
mail to an officer of the creditor and to the agent for process of
service. The other lienholders also get notice. Good Luck.
Craig J. Beauchamp
Craig J. Beauchamp, Esq.
*Attorney at Law*
1352 Irvine Blvd, Suite 201
Tustin, CA 92780
*Mailing Address*
PO Box 25857
Santa Ana, CA 92799
(949) 689-9709 directline
(714) 835-5763 fax
Legallycraig@gmail.com
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept notice for *Ex
Parte* Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
IMPORTANT NOTICE required by 11 U.S.C. 528: We are a debt relief agency.
We help people file for bankruptcy relief under the Bankruptcy Code.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system.
On Wed, Jun 20, 2018 at 12:03 PM, tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
>
> Dear List,
>
>
> I saw on here that avoidance of judgment liens post discharge many years
> later is possible under 522(f) in Chap 7 cases when the case is reopened.
> I also saw a comment by one of the members that the Chap 7 Trustee may be
> able to ask for the appreciation in the property if the case is active
> which reopening the case would do.
>
>
> Has anyone encountered a case they reopened to avoid a judicial lien
> where the Chap 7 Trustee was somehow appointed to the case again and
> asked for appreciation in the property? Is it possible for Chap 7
> Trustee to do this even though the trustee filed a notice that the estate
> was already fully administered and essentially abandoned the assets?
>
>
> Thanks in advance for the advice!
>
>
> Regards,
>
> Tuan Le
>
>
>
>
>
Tuan, I've done a number of these going back as far as 2009. The valuation of the property from that date needs to be verified. Most of the judges I appeared before have allowed a certified BPO back dated to the month of filing. The Broker's certification is required. I have heard that some judges may require an appraisal. Zillow or other online programs are not acceptable.But look at the form and you will see you need quite a bit of information and documents to attach. You will need proof of what was outstanding at the time of filing for all the secured liens on the property. Make sure you follow the service rules to the creditor in this matter. Certified mail to an officer of the creditor and to the agent for process of service. The other lienholders also get notice. Good Luck.Craig J. BeauchampCraig J. Beauchamp, Esq.Attorney at Law1352 Irvine Blvd, Suite 201Tustin, CA 92780Mailing AddressPO Box 25857Santa Ana, CA 92799(949) 689-9709 directline(714) 835-5763faxLegallycraig@gmail.comNO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not acceptnotice forEx ParteApplications via voicemail or by email.. You must comply with California Law and give notice to a person in my office during regular business hours.IMPORTANT NOTICE required by 11 U.S.C. 528:We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message.. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
On Wed, Jun 20, 2018 at 12:03 PM, tuanl@stevelopezlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
Judgment Lien Avoidance 5 years Post Discharge
If the property was fully and accurately disclosed, then the property would be abandoned upon the close of the case. Reopening the case, does not undo the abandonment of the property. A new Trustee would not be appointed if the case was reopened to avoid a judgment lien under 522(f).
Frank X. Ruggier, Esq.
Certified Bankruptcy Specialist *
15545 Devonshire Street., Suite 110
Mission Hills, CA 91345
Tel: (818) 796-3529
Fax: (818) 561-3909
* certified by the State Bar of California Board of Legal Specialization
The post was migrated from Yahoo.