522f motion

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I have to ask, why is the client willing to spend money to have you file a motion to avoid the judgment liens just to do a short sale? Why bother?
Jim
James R. Selth
Certified Bankruptcy Specialist*
Weintraub & Selth, APC
11766 Wilshire Boulevard, Suite 1170
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
*Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law

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In a message dated 4/5/2011 7:27:28 PM Pacific Daylight Time,
bombalier@aol.com writes:
I have a client with a residence and rental property, neither have any
equity. I filed using the 703 exemption. Client is trying to short sale butthe abstracts are creating problems, can I file a 522 motion to get rid of the
abstracts or does this just apply to the primary residence?
A claimed exemption must be impaired to use 522(f). If the exemption is
impaired it can be used for a residence or other R/E.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
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In a message dated 4/5/2011 7:27:28 PM Pacific Daylight Time,
bombalier@aol.com writes:

I have a client with a residence and rental property, neither have any equity. I filed using the 703 exemption. Client is trying to short sale but
the abstracts are creating problems, can I file a 522 motion to get rid of the
abstracts or does this just apply to the primary residence?

A claimed exemption must be impaired to use 522(f). If theexemption is impaired it can be used for a residence or other R/E.

Law Office
of Eric Alan Mitnick21515 Hawthorne Boulevard, Suite 1080Torrance,
CA 90503(310) 792-5864; 792-5866 (fax)MitnickLaw@aol.comAlthough
this email and any attachments are believed to be free of any virus or other
defect that might affect any computer system into which it is received andopened, it is the responsibility of the recipient to ensure that it is virus
free and no responsibility is accepted by the sender for any loss or damagearising in any way from its use. The information contained in
this email message and any attached files may be privileged, confidential and
protected from disclosure. If you are not the intended recipient, any
dissemination, distribution or copying is strictly prohibited. If you think that
you have received this email message in error, please notify the sender by reply
email, and delete the email message you received and all of the attached
files.

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


I have a client with a residence and rental property, neither have any equity. I filed using the 703 exemption. Client is trying to short sale but the abstracts are creating problems, can I file a 522 motion to get rid of the abstracts or does this just apply to the primary residence?

The post was migrated from Yahoo.
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