.jpg)
Avoiding Junior Liens against Debtor's Residence in S=
How did we end up with a LBR9013 rather than9014?
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tue, March 15, 2011 9:49:06 AM
Subject: [cdcbaa] Re: Avoiding Junior Liens against Debtor's Residence in San
Diego
Here is the new local rule promulgated by the judges in the Southern District.
It takes effect April 1, 2011
3015-10. MOTIONS TO VALUE PROPERTY SUBJECT TO LIEN UNDER PLAN.
(a) FORMAT. A request by the debtor to value property
subject to a lien and treat it as unsecured pursuant to 11 U.S.C.
Motion") must be noticed as a motion in accordance with Fed. R.
Bankr. P. 9014 and Local Bankruptcy Rule 9014 with use of Local
Form CSD 1179, NOTICE OF HEARING AND MOTION REGARDING VALUATION
OF PROPERTY SUBJECT TO LIEN. If timely opposition of a Lien
Strip Motion is not filed, then the provisions of Local
Bankruptcy Rule 9014-4(f) will apply and the court may deem the
non-moving party to have consented to the Lien Strip Motion.
et-cetera
Brian McGoldrick
www.sandiegodebtrelief.org
>
> Hi Everyone,
> Does anyone know if motions or adversary proceedings are required to avoid a
>junior lien against a debtor's home in the Southern District of California?
> Thanks!
> Tyson Takeuchi
> lurpnlaw160@.../213 637-1566
>
How did we end up with a LBR 9013 rather than 9014?
Peter M. Lively, JD, MBA
The Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT
From: Brian <attorney@brianmcgoldrick.com>To: cdcbaa@yahoogroups.comSent: Tue, March 15, 2011 9:49:06 AMSubject: [cdcbaa] Re: Avoiding Junior Liens against Debtor's Residence in San Diego
Here is the new local rule promulgated by the judges in the Southern District. It takes effect April 1, 20113015-10. MOTIONS TO VALUE PROPERTY SUBJECT TO LIEN UNDER PLAN.(a) FORMAT. A request by the debtor to value propertysubject to a lien and treat it as unsecured pursuant to 11 U.S.C. 506(a) and 1322 and Fed. R. Bankr. P. 3012 ("Lien StripMotion") must be noticed as a motion in accordance with Fed. R.Bankr. P. 9014 and Local Bankruptcy Rule 9014 with use of LocalForm CSD 1179, NOTICE OF HEARING AND MOTION REGARDING VALUATIONOF PROPERTY SUBJECT TO LIEN. If timely opposition of a LienStrip Motion is not filed, then the provisions of LocalBankruptcy Rule 9014-4(f) will apply and the court may deem thenon-moving party to have consented to the Lien Strip Motion.et-ceteraBrian McGoldrickwww.sandiegodebtrelief.org--- In cdcbaa@yahoogroups.com, "Tyson" <tysonlawfirm@...> wrote:>> Hi Everyone,> Does anyone know if motions or adversary proceedings are required to avoid a junior lien against a debtor's home in the Southern District of California?> Thanks!> Tyson Takeuchi> lurpnlaw160@.../213 637-1566>
The post was migrated from Yahoo.