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Can a Motion to Avoid a 2nd Trust Deed (lienstrip) be
I agree with Peter that there does not appear to be a deadline for bringing
the motion, however, consider whether Sect 549 can be used be used to
recover any payments made during the case.
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.
L
Sent: Wednesday, March 03, 2010 8:36 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Can a Motion to Avoid a 2nd Trust Deed (lienstrip) be
Done after Confirmation
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/MBA
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
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