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client in deep trouble - any help appreciated
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Thank you.
If you have a complaint objecting to the discharge, can't you agree to the
objection and have the case dismissed with 180 day bar? That will put you
beyond Oct. 17, but save a lot of problems.
Vernon L. Ellicott, Esq.
Law Offices of Vernon L. Ellicott
920 Hampshire Road, Suite 25
Westlake Village, CA 91361
(805) 446-6262 Phone
(805) 446-6264 Fax
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Boy does your client have the wrong Judge for this one! Wow. All you can do is play the cards you were dealt. Sorry I don't have any specific suggestions.
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Law Office of Mark J. Markus
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e-mail: bklawr@bklaw.com
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client hires petition preparer, working under atty, to do ch 7. values house in tujunga at $380,000.
trustee does own appraisal, comes back w/fmv @ $500k wants $64,000 of net sales proceeds after
deducting homestead exemption, (client is 58 yrs old) sales expenses, payoff of loans, etc.
t'see send letter to atty he wants the money and will allow debtor to re-fi for that purpose.
client is then told by petition preparer to convert to ch. 13 which he does on jan. 26, 2005.
client insists he called atty 10 times for help but got no return phone calls. client did not file a plan or appear at ch 13 hearing. t'see claims client only converted once t'see wanted to sell house, argues in front of zurzolo to convert back to 7 and wins. client did appear at motion without counsel although he technically was still represented.
client comes to me on april 29th. turns out in march 2005 he re-fi'd the house, without court approval, which had been in wife's name only but now quitclaimed to both at jtwrs, paid off 2nd of $37,000, paid contractors who were mostly friends and relatives who had made substantial renovations to the house in 2004 for their 29 yr old permanently handicapped son. wife gets paid by state for caring for son, and son gets permanant disablity. house now valued at $600,000 by 'friend' who wanted the loan or wanted to get them the loan, but they take $100,000 and return $100,000 to the bank because they can't pay it.
debtor and i appear at cont'd 341a mtg, give t'see all refi docs, deeds, escrow docs, etc., everything he asks for.
now, t'see files mot. objecting to homestead ex., or to surcharge the homestead, and apparently has filed but i've not yet seen it, a complaint to object to discharge, and wants the entire $100,000 l/c sitting in the bank. t'see relying on
latman v burdette, 366 f3d 774 (wash. 2004 case) to surcharge the exemption for converting estate property exceeding the exemption or sect 522(g)(1) on basis that exemption was forfeited by debtor's voluntary transfer of his interest in real property; hit v glass, (in re glass), 164 b.r. 759, 9th cir bap, 1994.
i understand the complaint to object to discharge seeks disgorgement on the basis of fraud, of the whole $200k which client just doesn't have. he'll probably have a heart attack when he hears what t'see wants. i tried to make an offer of $50k which he rejected.
my first thought is to tell client to throw himself on the mercy of zurzolo, if he has any. i don't get the feeling client intentionally committed fraud by doing the re-fi but it was stupidity and complete lack of proper legal advice. he has a malpractice action when all this is done but first - any ideas?
all help appreciated. vicki
client hires petition preparer, working under atty, to do ch 7. values house in tujunga at $380,000.
trustee does own appraisal, comes back w/fmv @ $500k wants $64,000 of net sales proceeds after
deducting homestead exemption, (client is 58 yrs old) sales expenses, payoff of loans, etc.
t'see send letter to atty he wants the money and will allow debtor to re-fi for that purpose.
client is then told by petition preparer to convert to ch. 13 which he does on jan. 26, 2005.
client insists he called atty 10 times for help but got no return phone calls. client did not file a plan or appear at ch 13 hearing. t'see claims client only converted once t'see wanted to sell house, argues in front of zurzolo to convert back to 7 and wins. client did appear at motion without counsel although he technically was still represented.
client comes to me on april 29th. turns out in march 2005 he re-fi'd the house, without court approval, which had been in wife's name only but now quitclaimed to both at jtwrs, paid off 2nd of $37,000, paid contractors who were mostly friends and relatives who had made substantial renovations to the house in 2004 for their 29 yr old permanently handicapped son. wife gets paid by state for caring for son, and son gets permanant disablity. house now valued at $600,000 by 'friend' who wanted the loan or wanted to get them the loan, but they take $100,000 and return $100,000 to the bank because they can't pay it.
debtor and i appear at cont'd 341a mtg, give t'see all refi docs, deeds, escrow docs, etc., everything he asks for.
now, t'see files mot. objecting to homestead ex., or to surcharge the homestead, and apparently has filed but i've not yet seen it, a complaint to object to discharge, and wants the entire $100,000 l/c sitting in the bank. t'see relying on
latman v burdette, 366 f3d 774 (wash. 2004 case) to surcharge the exemption for converting estate property exceeding the exemption or sect 522(g)(1) on basis that exemption was forfeited by debtor's voluntary transfer of his interest in real property; hit v glass, (in re glass), 164 b.r. 759, 9th cir bap, 1994.
i understand the complaint to object to discharge seeks disgorgement on the basis of fraud, of the whole $200k which client just doesn't have. he'll probably have a heart attack when he hears what t'see wants. i tried to make an offer of $50k which he rejected.
my first thought is to tell client to throw himself on the mercy of zurzolo, if he has any. i don't get the feeling client intentionally committed fraud by doing the re-fi but it was stupidity and complete lack of proper legal advice. he has a malpractice action when all this is done but first - any ideas?
all help appreciated. vicki
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