522f motion on investment property

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Kirk: read the code section. There is no requirement that there be equity
to exempt. The plain language of code is clear on that point as is the BAP
or 9th circ case that ruled that the plain language of 522(f) means what it
says.
If you have any questions or concerns please contact me.
Pat
Patrick T. Green
Attorney at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
Email: pat@fitzgreenlaw.com

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Yes, apply some minor amount. I don't think there is an exclusion for
income properties like the cars as the title car financing companies
obviously lobbied congress for that exclusion.
Steven B. Lever

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How about a wildcard with "unkonwn" value? There is no equity in the
proeprty. Alternatively, I suppose I could list $1.
On Fri, Jan 27, 2012 at 3:08 PM, Steven B. Lever wrote:
> **
>
>
> It has to impair an exemption. So if they put some wildcard on it and it
> sufficient to push some or all of it off the equity in the property, then
> the answer is it does not need to be a principal residence.****
>
> ** **
>
> However, do a little more research, because you cannot use it to strip off
> cars, for example.****
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Kirk Brennan
> *Sent:* Friday, January 27, 2012 2:27 PM
> *To:* Cdcbaa Yahoo Listserv
> *Subject:* [cdcbaa] 522f motion on investment property****
>
> ** **
>
> ****
>
> Chapter 7 case:
> Will a 522f motion work to remove a judgment lien on an investment
> property?
> Or only on principal residence?
>
> Thanks!
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
>
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Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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How about a wildcard with "unkonwn" value? There is no equity in the proeprty. Alternatively, I suppose I could list $1.On Fri, Jan 27, 2012 at 3:08 PM, Steven B. Lever <sblever@leverlaw.com> wrote:
It has to impair an exemption. So if they put some wildcard on it and it sufficient to push some or all of it off the equity in the property, then the answer is it does not need to be a principal residence.
However, do a little more research, because you cannot use it to strip off cars, for example.
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Kirk Brennan
Sent: Friday, January 27, 2012 2:27 PMTo: Cdcbaa Yahoo ListservSubject: [cdcbaa] 522f motion on investment property
Chapter 7 case: Will a 522f motion work to remove a judgment lien on an investment property?Or only on principal residence?Thanks!
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY 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.
No virus found in this message.Checked by AVG - www.avg.comVersion: 10.0.1416 / Virus Database: 2109/4770 - Release Date: 01/27/12
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY 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.
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It has to impair an exemption. So if they put some wildcard on it and
it sufficient to push some or all of it off the equity in the property,
then the answer is it does not need to be a principal residence.
However, do a little more research, because you cannot use it to strip
off cars, for example.

The post was migrated from Yahoo.
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Chapter 7 case:
Will a 522f motion work to remove a judgment lien on an investment property?
Or only on principal residence?
Thanks!
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.
Chapter 7 case: Will a 522f motion work to remove a judgment lien on an investment property?Or only on principal residence?Thanks!-- Kirk Brennan, esq.California Law Office, P.C.
www.calibankruptcysite.comCONFIDENTIALITY 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.

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