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How long can I wait to amend schedules?
We will most probably just amend. The client almost certainly does not
have the nerves to play this game of chicken. Plus, the Nov. 2012
appraisal may be out of date, and it wouldn't take much increase in equity
to have an administrable asset here, so any motion to abandon could be
easily opposed. As with most debtors, she doesn't have $3,000 lying
around, but she can scrape that up to save her house.
John D. Faucher
Faucher & Associates
*818/889-8080*
On Fri, Jul 26, 2013 at 9:46 AM, Larry Simons wrote:
> **
>
>
> Wouldnt your client rather lose $3,000 cash in the bank instead of a
> house? I would just amend to prevent the administration of the property**
> **
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *John D. Faucher
> *Sent:* Friday, July 26, 2013 9:44 AM
> *To:* cdcbaa@yahoogroups.com
>
> *Subject:* Re: [cdcbaa] How long can I wait to amend schedules?****
>
> ** **
>
> ****
>
> Thanks for all the advice; I'm thinking that Ramiro's hits especially on
> the nailhead here. ****
>
> The trustee is David Seror. His broker is the one telling him that the
> house is worth $425,000. A neighboring house just sold for $460,000
> (though it has another bedroom and a pool), so he may be on to something.
> ****
>
> Yes, exposure to the market is the best indicator of value, thus my
> original question: how long can I play chicken with the trustee and wait to
> amend exemptions? Surely I have to amend before the closing of the sale in
> order to exempt the homestead, but how much earlier than that? ****
>
>
> ****
>
> *John D. Faucher *****
>
> *Faucher & Associates*****
>
> *818/889-8080*****
>
> ** **
>
> On Thu, Jul 25, 2013 at 8:18 PM, Leventhal Law Group, P.C.
> wrote:****
>
> ****
>
> Who is the Trustee?****
>
> ** **
>
> Jonathan D. Leventhal, Esq.****
>
> Leventhal Law Group, P. C.****
>
> 818.347.5800****
>
> ** **
>
> ** **
>
> ** **
>
> ----- Original Message -----****
>
>
> To: "cdcbaa@yahoogroups.com" ****
>
> Sent: 07/25/2013 8:01 PM****
>
> Subject: Re: [cdcbaa] How long can I wait to amend schedules?****
>
> ** **
>
> ** **
>
> ****
>
> I meant from the trustee's perspective
> Sent from my Blackberry
> ****
>
> *From*: Leventhal Law Group, P.C. [mailto:law@3yl.com]
> *Sent*: Thursday, July 25, 2013 06:54 PM
> *To*: cdcbaa@yahoogroups.com
> *Subject*: Re: [cdcbaa] How long can I wait to amend schedules?
> ****
>
> ****
>
> Unless of course it gets purchased and the client is on the street!****
>
> ** **
>
> ** **
>
> Jonathan Leventhal, Esq..****
>
> Leventhal Law Group, P.C.****
>
> 818-347-5800****
>
> ** **
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.****
>
> ****
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and any attachments thereto.****
>
> ****
>
> Leventhal Law Group, P.C. is a Deb t Relief Agency under federal law.****
>
> ****
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.****
>
>
> On Jul 25, 2013, at 6:50 PM, "Larry Simons" wrote:*
> ***
>
> ****
>
> Exposing the property to the market is a better indicator of value than an
> appraisal
> Sent from my Blackberry
> ****
>
> *From*: Leventhal Law Group, P.C. [mailto:law@3yl.com]
> *Sent*: Thursday, July 25, 2013 06:40 PM
> *To*: cdcbaa@yahoogroups.com
> *Subject*: Re: [cdcbaa] How long can I wait to amend schedules?
> ****
>
> ****
>
> How about getting an appraisal and if your numbers are good and the
> trustee will not back down do a motion to abandon. I had to do this last
> year.****
>
> ** **
>
> ** **
>
> Jonathan Leventhal, Esq..****
>
> Leventhal Law Group, P.C.****
>
> 818-347-5800****
>
> ** **
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.****
>
> ****
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and a ny attachments thereto.****
>
> ****
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.****
>
> ****
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.****
>
>
> On Jul 25, 2013, at 4:59 PM, "John D. Faucher"
> wrote:****
>
> ****
>
> Dear listmates: ****
>
> My client's house is worth $310,000. The trustee, for reasons best known
> to himself, thinks it's worth $425,000, and wants to sell it. I can
> prevent the sale by shifting the exemptions from 703 to 704. ****
>
> But I'd rather not, because that exposes about $3,000 in bank accounts. *
> ***
>
> I could keep the exemptions as is, allowing the trustee to put the house
> on the market and try to sell it, hoping of course that he'll abandon it.
> But if he gets an offer that makes it look worthwhile to sell, can I then
> amend the exemptions, or is it too late? ****
>
> ** **
>
> ** **
>
>
> ****
>
> *John D. Faucher *****
>
> *Faucher & Associates*****
>
> *818/889-8080*****
>
> ** **
>
> ****
>
>
>
We will most probably just amend. The client almost certainly does not have the nerves to play this game of chicken. Plus, the Nov. 2012 appraisal may be out of date, and it wouldn't take much increase in equity to have an administrable asset here, so any motion to abandon could be easily opposed. As with most debtors, she doesn't have $3,000 lying around, but she can scrape that up to save her house.
John D. Faucher
Faucher & Associates818/889-8080
On Fri, Jul 26, 2013 at 9:46 AM, Larry Simons <
The post was migrated from Yahoo.
He is the Trustee that I had the exact same experience with. I had my client get an appraisal which turned out to match my estimate. I then did a motion to abandon which went unopposed!
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
The post was migrated from Yahoo.
Thanks for all the advice; I'm thinking that Ramiro's hits especially on
the nailhead here.
The trustee is David Seror. His broker is the one telling him that the
house is worth $425,000. A neighboring house just sold for $460,000
(though it has another bedroom and a pool), so he may be on to something.
Yes, exposure to the market is the best indicator of value, thus my
original question: how long can I play chicken with the trustee and wait to
amend exemptions? Surely I have to amend before the closing of the sale in
order to exempt the homestead, but how much earlier than that?
John D. Faucher
Faucher & Associates
*818/889-8080*
On Thu, Jul 25, 2013 at 8:18 PM, Leventhal Law Group, P.C. wrote:
> **
>
>
> **
>
> Who is the Trustee?
>
> Jonathan D. Leventhal, Esq.
> Leventhal Law Group, P. C.818.347.5800
>
>
>
> ----- Original Message -----
> To: "cdcbaa@yahoogroups.com"
> Sent: 07/25/2013 8:01 PM
> Subject: Re: [cdcbaa] How long can I wait to amend schedules?
>
>
>
>
>
> **I meant from the trustee's perspective
> Sent from my Blackberry
>
> *From*: Leventhal Law Group, P.C. [mailto:law@3yl.com]
> *Sent*: Thursday, July 25, 2013 06:54 PM
> *To*: cdcbaa@yahoogroups.com
> *Subject*: Re: [cdcbaa] How long can I wait to amend schedules?
>
>
>
> Unless of course it gets purchased and the client is on the street!
>
>
>
> Jonathan Leventhal, Esq..
> Leventhal Law Group, P.C.
> 818-347-5800
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail
> notice for ex parte Applications via voicemail or by email. You must comply
> with California Law and give notice to a person in my office during regular
> business hours.
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and any attachments thereto.
>
> Leventhal Law Group, P.C. is a Deb t Relief Agency under federal law.
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.
>
> On Jul 25, 2013, at 6:50 PM, "Larry Simons" wrote:
>
>
>
> Exposing the property to the market is a better indicator of value than an
> appraisal
> Sent from my Blackberry
>
> *From*: Leventhal Law Group, P.C. [mailto:law@3yl.com]
> *Sent*: Thursday, July 25, 2013 06:40 PM
> *To*: cdcbaa@yahoogroups.com
> *Subject*: Re: [cdcbaa] How long can I wait to amend schedules?
>
>
>
> How about getting an appraisal and if your numbers are good and the
> trustee will not back down do a motion to abandon. I had to do this last
> year.
>
>
>
> Jonathan Leventhal, Esq..
> Leventhal Law Group, P.C.
> 818-347-5800
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail
> notice for ex parte Applications via voicemail or by email. You must comply
> with California Law and give notice to a person in my office during regular
> business hours.
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and a ny attachments thereto.
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.
>
> On Jul 25, 2013, at 4:59 PM, "John D. Faucher"
> wrote:
>
>
>
> Dear listmates:
> My client's house is worth $310,000. The trustee, for reasons best known
> to himself, thinks it's worth $425,000, and wants to sell it. I can
> prevent the sale by shifting the exemptions from 703 to 704.
> But I'd rather not, because that exposes about $3,000 in bank accounts.
> I could keep the exemptions as is, allowing the trustee to put the house
> on the market and try to sell it, hoping of course that he'll abandon it.
> But if he gets an offer that makes it look worthwhile to sell, can I then
> amend the exemptions, or is it too late?
>
>
>
> John D. Faucher
> Faucher & Associates
> *818/889-8080*
>
>
>
The post was migrated from Yahoo.
Dear listmates:
My client's house is worth $310,000. The trustee, for reasons best known
to himself, thinks it's worth $425,000, and wants to sell it. I can
prevent the sale by shifting the exemptions from 703 to 704.
But I'd rather not, because that exposes about $3,000 in bank accounts.
I could keep the exemptions as is, allowing the trustee to put the house on
the market and try to sell it, hoping of course that he'll abandon it. But
if he gets an offer that makes it look worthwhile to sell, can I then amend
the exemptions, or is it too late?
John D. Faucher
Faucher & Associates
*818/889-8080*
Dear listmates:My client's house is worth $310,000. The trustee, for reasons best known to himself, thinks it's worth $425,000, and wants to sell it. I can prevent the sale by shifting the exemptions from 703 to 704.
The post was migrated from Yahoo.