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Can a Motion to Avoid a 2nd Trust Deed (lienstrip) be Don=
I think this issue is similar to the timing issue re prosecuting motions for disallowance of claims (formerly objections to claims), which can be done at any time during the case. I'm notaware of any code provision that prevents use of 506 any time during the case. Of course, payments alreadyreceived by the creditor on the portion of the claim deemed to be unsecured (if any) would likely not be recoverable.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706-B Newport Boulevard, Costa Mesa, CA 92627-3073
Telephone: (949)650-3328
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
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To: cdcbaa@yahoogroups.com
Sent: Tue, March 2, 2010 5:43:05 PM
Subject: [cdcbaa] Can a Motion to Avoid a 2nd Trust Deed (lienstrip) be Done after Confirmation
Hi Everyone,
A person called is presently 6 months into a confirmed ch. 13 plan. Can they now do a motion to avoid the 2nd lien? (There in Riverside so the lien avoidance is via motion)
Thanks,
Ty Takeuchi
I think this issue is similar to the timing issue re prosecuting motions for disallowance of claims (formerly objections to claims), which can be done at any time during the case. I'm not aware of any code provision that prevents use of 506 any time during the case. Of course, payments already received by the creditor on the portion of the claim deemed to be unsecured (if any) would likely not be recoverable. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.com
Personal Financial Law Center II1706-B Newport Boulevard, Costa Mesa, CA 92627-3073Telephone: (949)650-3328
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: Mike from SLO <armen@tysonfirm.com>To: cdcbaa@yahoogroups.comSent: Tue, March 2, 2010 5:43:05 PMSubject: [cdcbaa] Can a Motion to Avoid a 2nd Trust Deed (lienstrip) be Done after Confirmation
Hi Everyone,A person called is presently 6 months into a confirmed ch. 13 plan. Can they now do a motion to avoid the 2nd lien? (There in Riverside so the lien avoidance is via motion)Thanks,Ty Takeuchi
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