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And 5 years later on a Chapter 7
You may want to double check to see if the home was a post-discharge
acquisition. It is not clear from your facts. A title company may understand
that the lien does not attach to post-petition property - but if the homeand lien are prepetition, reopening and motion to avoid is the only
alternative (unless creditor will agree to release the lien for some amount less
than the cost of reopening, and filing your avoidance motion). They may oppose based on prejudice in the delay in bring your motion to reopen/avoiding
so an informed settlement/compromise may save a lot of time and effort.
Some judges will hear the reopen and lien avoidance together... some make you do it separately so you may be out 30-60 days before final orders are entered which is why settling for a nominal amount may make sense especially
in a time-crunch to close escrow. Good luck.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
_Canoga Park, California 91303_ (x-apple-data-detectors://0/0)
Tel: _(818) 992-6588_ (tel:(818)%20992-6588)
Fax: _(818) 992-6511_ (tel:(818)%20992-6511)
Email: ssoesq@aol.com
_www.shaioved.com_ (http://www.shaioved.com/)
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In a message dated 5/22/2017 1:05:14 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
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 youhad 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 522motion. 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.
____________________________________
To: cdcbaa@yahoogroups.com
Sent: Monday, May 22, 2017 12:25 PM
Subject: [cdcbaa] And 5 years later on a Chapter 7
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 theBK, 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)
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Please consider the environment before printing this e-mail.
You may want to double check to see if the home was a post-discharge
acquisition. It is not clear from your facts. A title company may
understand that the lien does not attach to post-petition property - but if the
home and lien are prepetition, reopening and motion to avoid is the only
alternative (unless creditor will agree to release the lien for some amount less
than the cost of reopening, and filing your avoidance motion). They may
oppose based on prejudice in the delay in bring your motion to reopen/avoiding
so an informed settlement/compromise may save a lot of time and effort.
Some judges will hear the reopen and lien avoidance together... some make
you do it separately so you may be out 30-60 days before final orders are
entered which is why settling for a nominal amount may make sense
especially in a time-crunch to close escrow. Good luck.
Very truly
yours,Shai OvedThe Law Offices of Shai Oved7445 Topanga Cyn. Blvd.,
Suite 220 Canoga Park,
California 91303Tel: (818)
992-6588Fax: (818)
992-6511Email: ssoesq@aol.com
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