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And 5 years later on a Chapter 7
Yep that's what you do. There is an ex parte procedure to reopen a case, rerad the local rule. The you file the 522 motion, serving under the certified mail to officer rule, wait out the service, then usually there is no opposition so you LOU your order on the poocal form, and pdf file the declaration that no party requested a hearing. When the order comes in have the client go get a certified copy and record that with teh county recorder. Your fee agreement and limited appearance disclosure probably did not state you had to do a lienavoidance and the client probably never told you of the lien. There is a filing fee for the motion to reopen but none for the 522 motion. A sample is 1:08-bk-20310-MT. Your listmates will probably have beaten me to the reply with similar information. Most judges do not require an appraisal unless there is an opposition.
dcbaa@yahoogroups.com>
To: cdcbaa@yahoogroups.com
Sent: Monday, May 22, 2017 12:25 PM
Subject: [cdcbaa] And 5 years later on a Chapter 7
ling and discharge in 2012 has called. There is apparently a lien from our friends at Midland Funding out there which was located in connection with a home purchase. The client calls Midland who tells her that the bankruptcy lawyer must have done something wrong and Midland will not release the lien without a Motion to Avoid (522f I presume).s me to reopen the BK, file the motion to avoid, get an order from the court confirming the lien is avoided, and then close the real estate matter at hand? Or is there some better way to handle this? Thank you in advance for you wisdom. Desiree Causey, Esq.Law Office of Desiree Causey7755 Center Avenue, Suite 1100Huntington Beach, CA 92647 Confidential Communication.
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Dear Desiree,
How much is the lien amount? Compare that to the cost of reopening the case, obtaining an appraisal for the value as of the petition date, and prosecuting the 552(f) motion. Is it really worth the expense to your clients?
You said that you discovered the lien in connection with a home purchase. Is your client purchasing a new home? If so, against what was the lien recorded? If it's the old home, perhaps you can convince Midland to accept a reduced payment. You might argue that your clients can't proceed with the purchase unless Midland reduces its demand; meaning that unless Midland accepts a smaller amount now, it will have to wait a long time to eventually get paid.
Finally, when was the lien recorded? The judgment has a ten-year expiration unless Midland renews it. Maybe you're near the expiration date.
All the best,
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist - State Bar of California Board of Legal Specialization
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Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@
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My long ago, in a galaxy far, far away client, with a Chapter 7 filing and
discharge in 2012 has called. There is apparently a lien from our friends
at Midland Funding out there which was located in connection with a home
purchase.
The client calls Midland who tells her that the bankruptcy lawyer must have
done something wrong and Midland will not release the lien without a
Motion to Avoid (522f I presume).
So, I need a reality check here. The client really needs me to reopen the
BK, file the motion to avoid, get an order from the court confirming the
lien is avoided, and then close the real estate matter at hand? Or is there
some better way to handle this?
Thank you in advance for you wisdom.
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally privileged
information, and (c) are for the sole use of the intended recipient named
above. If you have received this electronic message in error, please notify
the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is
strictly prohibited.
Please consider the environment before printing this e-mail.
The post was migrated from Yahoo.