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New Local Rule re Lien Avoidance=20
1. Who is now requiring adversary actions? My understanding is that the SFV Judges will not require the adversarial and that the language "slipped by".
We have filed a few motions in Riverside recently and as of today, I have not been informed of any changes.
2. Can anyone come up with a way to avoid the adversary action process to streamline? I would love to know...As a point of interest, EC does not allow for a stipulation between the Second Deed of Trust and then Debtor to avoid paying the Second. Additionally, I have no idea how to properly serve an Adversarial in EC courtroom.
3. Can we find a way to avoid having to pay the 2nd mortgage payments during the lien strip process? The only Judge who requires the payment has been EC. See Above
To: cdcbaa@yahoogroups.com
Cc: akoyama@CH13LA.com
Sent: Tuesday, January 6, 2009 4:41:27 PM GMT -08:00 US/Canada Pacific
Subject: RE: [cdcbaa] Re: New Local Rule re Lien Avoidance
I am aware of the rule, we are trying to find a way around it.........
David A. Tilem
Certified Bankruptcy Specialist *
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201 , Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
n
att Resnik
Sent: Tuesday, January 06, 2009 4:40 PM
To: cdcbaa
Subject: [cdcbaa] Re: New Local Rule re Lien Avoidance
LBR 4003-2. LIEN AVOIDANCE
(a) General.
The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion to
avoid a lien or other transfer of property pursuant to 11 U.S.C. 522(f), except as
provided by this rule.
73
Draft for Public Comment 7-25-08
(1) A motion to avoid a lien or other transfer of property under 11 U.S.C.
may be brought under either LBR 9013-1(a) or LBR 9013-1(o).
(2) All other proceedings to avoid a lien must be brought by adversary proceeding.
A motion to sell property free and clear of liens under 11 U.S.C. 363(h)
does not constitute a "proceeding to avoid a lien" within the meaning of
this rule.
(b) Form.
(1) The creditor whose lien is to be avoided must be identified in the title or caption
of the notice and motion (
e.g., Motion to Avoid Lien of XYZ Co. under 11 U.S.C.
filed in the
underlying bankruptcy case. A double caption must not be used nor will a separate
reference number be assigned.
(2) If the motion seeks to avoid a lien on real property, the motion and proposed order
must include the legal description of the real property.
(c) Service.
(1) The motion, notice, and supporting papers must be served on the holder of the lien
to be avoided in the same manner as a summons and complaint under FRBP 7004.
(2) The motion, notice, and supporting papers also must be served on any other holder
of a lien or encumbrance against the subject property.
(d) Evidence.
The motion must be accompanied by a declaration or other competent evidence
establishing:
(1) The balance remaining on the creditor's loan;
(2) The fair market value of the subject property;
(3) The identity of any other holder of a lien encumbering the subject property and the
amount due and owing on such lien;
(4) The specific statutory authority for the claimed exemption; and
(5) The value or amount claimed exempt.
Matthew D. Resnik
Attorney at Law
Simon and Resnik LLP
449 S. Beverly Drive
Suite 210
Beverly Hills, Ca
90212
T:310-788-9777
F: 310-788-0017
Matt@resniklaw.com
Matthew D. Resnik
Attorney at Law
Simon and Resnik LLP
449 S. Beverly Drive
Suite 210
Beverly Hills, Ca
90212
T:310-788-9777
F: 310-788-0017
Matt@resniklaw.com
Matthew D. Resnik
Attorney at Law
Simon and Resnik LLP
449 S. Beverly Drive
Suite 210
Beverly Hills, Ca
90212
T:310-788-9777
F: 310-788-0017
Matt@resniklaw.com
p { margin: 0; }p { margin: 0; }1. Who is now
requiring adversary actions? My understanding is that the SFV Judges will not require the adversarial and that the language "slipped by". We have filed a few motions in Riverside recently and as of today, I have not been informed of any changes.
2. Can anyone come up
with a way to avoid the adversary action process to
streamline? I would love to know...As a point of interest, EC does not allow for a stipulation between the Second Deed of Trust and then Debtor to avoid paying the Second. Additionally, I have no idea how to properly serve an Adversarial in EC courtroom.
3. Can we find a way
to avoid having to pay the 2nd mortgage payments during the lien strip
process? The only Judge who requires the payment has been EC. See Above----- Original Message -----From: "David A. Tilem" <DavidTilem@TilemLaw.com>To: cdcbaa@yahoogroups.comCc: akoyama@CH13LA.comSent: Tuesday, January 6, 2009 4:41:27 PM GMT -08:00 US/Canada PacificSubject: RE: [cdcbaa] Re: New Local Rule re Lien Avoidance
I am aware of the rule, we
are trying to find a way around it.........
David A.
Tilem
Certified Bankruptcy
Specialist*
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