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Removing lien against primary residence under 522(f)
Henry:
I didn't see a reply, so even though it is a month late, I'll reply.
My guess if you are doing a 522f motion. If so, the judge will have to give a relative value to your evidence. Remember bk courts use the preponderance of the evidence standard, which basically means if you have more credible evidence than your opponent, you win.
So, you have to convince the judge your evidence is more credible. An appraisal is more credible than your client's testimony, but if your opposition files nothing, your client's dec is all you need.
The problem is a matter of timing. If you start with a client dec and not reply is filed you should be fine, but if you start with a client dec and your opponent replies with an appraisal, you lose. It is always the client's call. I recommend an appraisal, but tell the client they can win with just their dec, but will lose immediately if the opp files an appraisal. After that explanation, the client usually opps for an appraisal.
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Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Oct 8, 2013, at 11:46 AM, wrote:
>
> I have a Ch7 case in front of VK with a prefiling abstract of judgment recorded, and I need to remove it. Can anyone tell me if I need to document the right to the relief sought as with a Lam motion, or if the you go with less? I ask before I go pull documents (deed, DOTs) from the county.
>
> Also, I need to know if I need an appraisal or if I can get by with a declaration.
>
> Any help appreciated.
>
> Henry Paloci, Esq.
> 805.498.5500
>
>
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