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Lien Strip Procedures by Judge
I don't usually do them but other attorneys choose to do them and take
their time doing the AP.
Nancy Clark
Borowitz & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.BLClaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
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She is by motion.
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Thu, July 29, 2010 2:08:44 PM
Subject: [cdcbaa] Lien Strip Procedures by Judge
I had heard that there was a listing of judges and they way they handle lien
strips, i.e., whether by motion or adversarial action, loating around the cdcbaa
before I joined. Is there a way I can get that?
Also, in the interim, does anyone know Judge Erithe Smith's preferred method of
doing lien strips? (Dept 5A - Santa Ana)
John Boyko
LAW OFFICES OF JOHN M. BOYKO
3521 Lomita Blvd., Suite 100
Torrance, CA 90505
310-750-6789 (Office)
310-300-0263 (Fax)
She is by motion. Law Office of Catherine Christiansen1077 E Pacific Coast Hwy #210Seal Beach, CA, 90740Tel: (562) 361-8721Fax: (562) 490-8572attorneychristiansen@gmail.com
The post was migrated from Yahoo.
For Judge Zurzolo, you can file a motion to suspend payments due to the
value of the property. Then, you can file the AP to avoid the lien
before discharge. If you file something titled motion to strip a lien it
will be denied and he will lecture you about your use of the word strip
and the difference between APs and Motions.
Nancy Clark
Borowitz & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
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I also figure just get it done because it is hard to schedule it years
in advance, and why not get paid for the work sooner, unless you're too
busy. On the other hand, if you think the case may cave, then it could
be a waste for the client/creditors. Giovanni has a good point that if
values strengthen, even though the applicable valuation is years
earlier, they may be feistier.
The post was migrated from Yahoo.
Judge Z indicated you can do that (file a motion and then an adversary
closer to discharge) at one of the CDCBAA meetings and some people are
taking him up on it; but I just do the complaint now and get a default
judgment entered by the Judge. I'd rather strike while the iron is hot --
that is, while values are so low the lenders are not even putting up a
fight.
On Mon, Aug 2, 2010 at 5:41 PM, Hale Andrew Antico wrote:
>
>
> Z: So do motion to value pre-confirmation? AP near discharge?
>
> ------------------------------
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Dennis
> *Sent:* Monday, August 02, 2010 3:05 PM
> *To:* cdcbaa@yahoogroups.com
>
> *Subject:* Re: [cdcbaa] Re: Lien Strip Procedures by Judge
>
> Z will value by motion, but won't strip w/o an Adv
>
> Sent from my iPhone
>
> On Aug 1, 2010, at 9:02 PM, Bert Kawahara wrote:
>
>
>
> I checked Zurzolo's calendar, and I see Motions filed with approved
> Orders. Is it that Zurzolo prefers Adversaries but will accept Motions?
>
> Bert Kawahara
>
> --- On *Sun, 8/1/10, Steven B. Lever * wrote:
>
>
> Subject: Re: [cdcbaa] Re: Lien Strip Procedures by Judge
> To: cdcbaa@yahoogroups.com
> Date: Sunday, August 1, 2010, 4:04 PM
>
>
> ES in OC is by motion.
>
> Sent from my iPhone
> Steve Lever
>
> On Aug 1, 2010, at 11:16 AM, "shawnswhite"
The post was migrated from Yahoo.
Z will value by motion, but won't strip w/o an Adv
Sent from my iPhone
On Aug 1, 2010, at 9:02 PM, Bert Kawahara wrote:
I checked Zurzolo's calendar, and I see Motions filed with approved Orders. Is it that Zurzolo prefers Adversaries but will accept Motions?
Bert Kawahara
The post was migrated from Yahoo.