.jpg)
Nonth Cir Decision
Does this mean then that this court would have preferred that a list of all
the liens in the case be filed with the emergency petition?
R. Grace Rodriguez
On Mon, Feb 1, 2010 at 9:41 AM, vlelaw wrote:
>
>
> The interesting thing about this case is the process. The schedules listed
> the lien, but the BAP stated that the trustee did not have notice because
> the lien was not listed on the petition! They stated that because the
> petition was filed first, the trustee did not know about the lien listed on
> the schedules.
>
> How is that possible? How do you list a lien on the petition anyway? And,
> if this was filed electronically, unless it was an emergency filing with
> schedules filed later--not indicated in the decision--how can you file the
> petition separately from the schedules?
>
> Vernon L. Ellicott, Esq.
> Certified Family Law Specialist
> California State Bar Board of Legal Specialization
> A Bankruptcy and Family Law Firm
> Law Offices of Vernon L. Ellicott
> 100 E. Thousand Oaks Blvd., Suite 147
> Thousand Oaks, CA 91360
> (805) 446-6262 phone
> (661) 222-2922 phone
> (805) 446-6264 fax
>
> --- In cdcbaa@yahoogroups.com , "Jonathan"
> wrote:
> >
> > FYI
> >
> > NINTH U.S. CIRCUIT COURT OF APPEALS
> >
> > -Bankruptcy-
> > Where voluntary chapter 7 debtor listed a lien related to an unrecorded
> deed of trust in her schedules, but not in her petition, trustee did not
> have constructive notice of the lien "as of the commencement of the case"
> and could exercise 11 U.S.C. Sec. 544(a)(3)'s "strong-arm power" as a bona
> fide purchaser for value to avoid the lien. Equitable subrogation did not
> apply because the creditor whose debt the lienholder paid off itself had no
> lien, having discharged it by a recorded deed of reconveyance; enforcement
> of the right to subrogation would injure a party holding legal title and an
> equal equity, the trustee; and California courts give priority to a bona
> fide purchaser over one claiming equitable subrogation.
> > In re Deuel - filed January 28, 2010
> > Cite as 07-55266
> > Full text http://www.metnews.com/sos.cgi?0110%2F07-55266
> >
>
>
>
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail 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.
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.
Does this mean then that this court would have preferred that a list of all the liens in the case be filed with the emergency petition?R. Grace RodriguezOn Mon, Feb 1, 2010 at 9:41 AM, vlelaw <vle@vlelaw.com> wrote:
The interesting thing about this case is the process. The schedules listed the lien, but the BAP stated that the trustee did not have notice because the lien was not listed on the petition! They stated that because the petition was filed first, the trustee did not know about the lien listed on the schedules.
How is that possible? How do you list a lien on the petition anyway? And, if this was filed electronically, unless it was an emergency filing with schedules filed later--not indicated in the decision--how can you file the petition separately from the schedules?
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
California State Bar Board of Legal Specialization
A Bankruptcy and Family Law Firm
Law Offices of Vernon L. Ellicott
100 E. Thousand Oaks Blvd., Suite 147
Thousand Oaks, CA 91360
(805) 446-6262 phone
(661) 222-2922 phone
(805) 446-6264 fax
@yahoogroups.com, "Jonathan" <law@...> wrote:
>
> FYI
>
> NINTH U.S. CIRCUIT COURT OF APPEALS
>
> -Bankruptcy-
> Where voluntary chapter 7 debtor listed a lien related to an unrecorded deed of trust in her schedules, but not in her petition, trustee did not have constructive notice of the lien "as of the commencement of the case" and could exercise 11 U.S.C. Sec. 544(a)(3)'s "strong-arm power" as a bona fide purchaser for value to avoid the lien. Equitable subrogation did not apply because the creditor whose debt the lienholder paid off itself had no lien, having discharged it by a recorded deed of reconveyance; enforcement of the right to subrogation would injure a party holding legal title and an equal equity, the trustee; and California courts give priority to a bona fide purchaser over one claiming equitable subrogation.
> In re Deuel - filed January 28, 2010
> Cite as 07-55266
> Full text http://www.metnews.com/sos.cgi?0110%2F07-55266
>
-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (323) 304-5496NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail 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.
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.
The post was migrated from Yahoo.
I agree. I have no idea how to list the lien "on the petition". Maybe we
should be attaching Schedule D as an exhibit to the Petition?
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.
vlelaw
Sent: Monday, February 01, 2010 9:41 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: Nonth Cir Decision
The interesting thing about this case is the process. The schedules listed
the lien, but the BAP stated that the trustee did not have notice because
the lien was not listed on the petition! They stated that because the
petition was filed first, the trustee did not know about the lien listed on
the schedules.
How is that possible? How do you list a lien on the petition anyway? And, if
this was filed electronically, unless it was an emergency filing with
schedules filed later--not indicated in the decision--how can you file the
petition separately from the schedules?
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
California State Bar Board of Legal Specialization
A Bankruptcy and Family Law Firm
Law Offices of Vernon L. Ellicott
100 E. Thousand Oaks Blvd., Suite 147
Thousand Oaks, CA 91360
(805) 446-6262 phone
(661) 222-2922 phone
(805) 446-6264 fax
"
wrote:
>
> FYI
>
> NINTH U.S. CIRCUIT COURT OF APPEALS
>
> -Bankruptcy-
> Where voluntary chapter 7 debtor listed a lien related to an unrecorded
deed of trust in her schedules, but not in her petition, trustee did not
have constructive notice of the lien "as of the commencement of the case"
and could exercise 11 U.S.C. Sec. 544(a)(3)'s "strong-arm power" as a bona
fide purchaser for value to avoid the lien. Equitable subrogation did not
apply because the creditor whose debt the lienholder paid off itself had no
lien, having discharged it by a recorded deed of reconveyance; enforcement
of the right to subrogation would injure a party holding legal title and an
equal equity, the trustee; and California courts give priority to a bona
fide purchaser over one claiming equitable subrogation.
> In re Deuel - filed January 28, 2010
> Cite as 07-55266
> Full text http://www.metnews.
com/sos.cgi?0110%2F07-55266
>
Message
I agree. I have no
idea how to list the lien "on the petition". Maybe we should be attaching
Schedule D as an exhibit to the Petition?
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
The interesting thing about this case is the process. The schedules listed the lien, but the BAP stated that the trustee did not have notice because the lien was not listed on the petition! They stated that because the petition was filed first, the trustee did not know about the lien listed on the schedules.
How is that possible? How do you list a lien on the petition anyway? And, if this was filed electronically, unless it was an emergency filing with schedules filed later--not indicated in the decision--how can you file the petition separately from the schedules?
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
California State Bar Board of Legal Specialization
A Bankruptcy and Family Law Firm
Law Offices of Vernon L. Ellicott
100 E. Thousand Oaks Blvd., Suite 147
Thousand Oaks, CA 91360
(805) 446-6262 phone
(661) 222-2922 phone
(805) 446-6264 fax
>
> FYI
>
> NINTH U.S. CIRCUIT COURT OF APPEALS
>
> -Bankruptcy-
> Where voluntary chapter 7 debtor listed a lien related to an unrecorded deed of trust in her schedules, but not in her petition, trustee did not have constructive notice of the lien "as of the commencement of the case" and could exercise 11 U.S.C. Sec. 544(a)(3)'s "strong-arm power" as a bona fide purchaser for value to avoid the lien. Equitable subrogation did not apply because the creditor whose debt the lienholder paid off itself had no lien, having discharged it by a recorded deed of reconveyance; enforcement of the right to subrogation would injure a party holding legal title and an equal equity, the trustee; and California courts give priority to a bona fide purchaser over one claiming equitable subrogation.
> In re Deuel - filed January 28, 2010
> Cite as 07-55266
> Full text http://www.metnews.com/sos.cgi?0110%2F07-55266
>
The post was migrated from Yahoo.
Another wimpy decision. The Bap decision bad much more meat.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Jan 29, 2010, at 1:30 AM, "Jonathan" wrote:
FYI
NINTH U.S. CIRCUIT COURT OF APPEALS
-Bankruptcy-
Where voluntary chapter 7 debtor listed a lien related to an unrecorded deed of trust in her schedules, but not in her petition, trustee did not have constructive notice of the lien "as of the commencement of the case" and could exercise 11 U.S.C. Sec. 544(a)(3)'s "strong-arm power" as a bona fide purchaser for value to avoid the lien. Equitable subrogation did not apply because the creditor whose debt the lienholder paid off itself had no lien, having discharged it by a recorded deed of reconveyance; enforcement of the right to subrogation would injure a party holding legal title and an equal equity, the trustee; and California courts give priority to a bona fide purchaser over one claiming equitable subrogation.
In re Deuel - filed January 28, 2010
Cite as 07-55266
Full text http://www.metnews.com/sos.cgi?0110%2F07-55266
Another wimpy decision. The Bap decision bad much more meat.Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On Jan 29, 2010, at 1:30 AM, "Jonathan" <law@3yl.com> wrote:
FYI
NINTH U.S. CIRCUIT COURT OF APPEALS
-Bankruptcy-
Where voluntary chapter 7 debtor listed a lien related to an unrecorded deed of trust in her schedules, but not in her petition, trustee did not have constructive notice of the lien "as of the commencement of the case" and could exercise 11 U.S.C. Sec. 544(a)(3)'s "strong-arm power" as a bona fide purchaser for value to avoid the lien. Equitable subrogation did not apply because the creditor whose debt the lienholder paid off itself had no lien, having discharged it by a recorded deed of reconveyance; enforcement of the right to subrogation would injure a party holding legal title and an equal equity, the trustee; and California courts give priority to a bona fide purchaser over one claiming equitable subrogation.
In re Deuel - filed January 28, 2010
Cite as 07-55266
Full text http://www.metnews.com/sos.cgi?0110%2F07-55266
The post was migrated from Yahoo.
FYI
NINTH U.S. CIRCUIT COURT OF APPEALS
-Bankruptcy-
Where voluntary chapter 7 debtor listed a lien related to an unrecorded deed of trust in her schedules, but not in her petition, trustee did not have constructive notice of the lien "as of the commencement of the case" and could exercise 11 U.S.C. Sec. 544(a)(3)'s "strong-arm power" as a bona fide purchaser for value to avoid the lien. Equitable subrogation did not apply because the creditor whose debt the lienholder paid off itself had no lien, having discharged it by a recorded deed of reconveyance; enforcement of the right to subrogation would injure a party holding legal title and an equal equity, the trustee; and California courts give priority to a bona fide purchaser over one claiming equitable subrogation.
In re Deuel - filed January 28, 2010
Cite as 07-55266
Full text http://www.metnews.com/sos.cgi?0110%2F07-55266
The post was migrated from Yahoo.