.jpg)
Judgment lien v. "Execution" lien and avoidance
Got clarification: if the writ of execution created the lien, then its
outside the 90 day preference period. Date of transfer was inside.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com
**primary email
address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com
The post was migrated from Yahoo.
Does it make a difference if the funds were already transferred to the
creditor and not on hand with the Sheriff? Inside 90 days still.
On Tuesday, January 6, 2015, Nicholas Gebelt ngebelt@gebeltlaw.com [cdcbaa]
wrote:
>
>
> Dear Holly,
>
>
>
> If the creditor has already taken the money, then you should use 522(g)
> and (h) to exempt the money and avoid the preference. On February 7, 2013
> I posted a response to a similar question you posed, and my post had a
> sample motion you can use if you get a judge who doesnt insist on an
> adversary proceeding. Take a look at it.
>
>
>
> All the best,
>
>
>
> Nick
>
>
>
> *Nicholas Gebelt*
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist
>
>
>
> [image: Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0]
>
>
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email: ngebelt@goodbye2debt.com
> ;
> ngebelt@gebeltlaw.com
>
>
> Web: www.goodbye2debt.com
>
> Blog: www.southerncaliforniabankruptcylawblog.com/
>
>
>
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> agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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>
> *From:* cdcbaa@yahoogroups.com
> [mailto:
> cdcbaa@yahoogroups.com
> ]
> *Sent:* Tuesday, January 06, 2015 5:12 PM
> *To:* Strictly Bankruptcy Issues; cdcbaa
> *Subject:* [cdcbaa] Judgment lien v. "Execution" lien and avoidance
>
>
>
>
>
> It's my understanding that when a creditor obtains a judgment and then
> levies on cash in the debtor's bank account or cash held by a third party
> that belongs to the debtor that the debtor can file a motion to avoid the
> lien under 522(f) along with a motion for turnover (so long as a portion of
> the funds can be exempted) and recover the exempt funds. Am I wrong?
>
>
>
> Is the chapter 7 trustee able to recover such funds if an "execution lien"
> was created? In this case we'd like the trustee to get the money back but
> trustee says writ of execution creates a lien and trustee can do nothing to
> get those funds back because of the lien.
>
>
>
> I thought trustees could claw back all kinds of things. Help me here.
>
>
>
>
> --
>
> Holly Roark
>
> Certified Bankruptcy Specialist*
>
> *and Sports Lawyer*
>
> holly@roarklawoffices.com
> **primary
> email address**
>
> www.roarklawoffices.com
>
> Central District of California
>
> Consumer Bankruptcy Attorney
>
> 1875 Century Park East, Suite 600
>
> Los Angeles, CA 90067
>
> T (310) 553-2600
>
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
>
> **For a quicker response, email me at holly@roarklawoffices.com
> .
>
> I only use gmail for my listservs, and am likely to miss private emails
>
> directed to my gmail account.**
>
>
>
>
>
>
>
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
Does it make a difference if the funds were already transferred to the creditor and not on hand with the Sheriff? Inside 90 days still.On Tuesday, January 6, 2015, Nicholas Gebelt ngebelt@gebeltlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Dear Holly,
If the creditor has already taken the money, then you should use 522(g) and (h) to exempt the money and avoid the preference. On February 7, 2013 I posted
a response to a similar question you posed, and my post had a sample motion you can use if you get a judge who doesnt insist on an adversary proceeding. Take a look at it.
All the best,
Nick
Nicholas Gebelt
an>
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist
an>
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX::#1f497d">
Email:
The post was migrated from Yahoo.
You may have misunderstood the Trustee. I am fairly certain he's not
telling you he can't do it, he's telling you he won't do it. This is why
522(h) allows the Debtor to file the motion.
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law firm
101 N. Brand Blvd, PH 1920
Glendale, CA 91203
Office: 818.276.2477
Fax: 818.208.4550
On Tue, Jan 6, 2015 at 5:39 PM, Holly Roark hollyroark22@gmail.com [cdcbaa]
wrote:
>
>
> Trustee is telling me that trustee cannot avoid lien, even though it's
> within the 90 day preference period because it is an "execution lien".
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
> On Tue, Jan 6, 2015 at 5:28 PM, Mark Jessee jesseelaw@aol.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> It's a preferential transfer issue. See section 547, 546 for limitations
>> on avoiding powers and 522 (g) and (h).
>>
>> Mark Jessee
>>
>> Sent from my iPhone
>>
>> On Jan 6, 2015, at 5:12 PM, Holly Roark hollyroark22@gmail.com [cdcbaa] > cdcbaa@yahoogroups.com> wrote:
>>
>>
>>
>> It's my understanding that when a creditor obtains a judgment and then
>> levies on cash in the debtor's bank account or cash held by a third party
>> that belongs to the debtor that the debtor can file a motion to avoid the
>> lien under 522(f) along with a motion for turnover (so long as a portion of
>> the funds can be exempted) and recover the exempt funds. Am I wrong?
>>
>> Is the chapter 7 trustee able to recover such funds if an "execution
>> lien" was created? In this case we'd like the trustee to get the money back
>> but trustee says writ of execution creates a lien and trustee can do
>> nothing to get those funds back because of the lien.
>>
>> I thought trustees could claw back all kinds of things. Help me here.
>>
>>
>>
>> --
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> *and Sports Lawyer*
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> Central District of California
>> Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600
>> Los Angeles, CA 90067
>> T (310) 553-2600
>> F (310) 553-2601
>>
>> *By State Bar of California Board of Legal Specialization
>>
>>
>> **For a quicker response, email me at holly@roarklawoffices.com.
>> I only use gmail for my listservs, and am likely to miss private emails
>> directed to my gmail account.**
>>
>>
>>
>
>
You may have misunderstood the Trustee. I am fairly certai
The post was migrated from Yahoo.
Trustee is telling me that trustee cannot avoid lien, even though it's
within the 90 day preference period because it is an "execution lien".
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Tue, Jan 6, 2015 at 5:28 PM, Mark Jessee jesseelaw@aol.com [cdcbaa] wrote:
>
>
> It's a preferential transfer issue. See section 547, 546 for limitations
> on avoiding powers and 522 (g) and (h).
>
> Mark Jessee
>
> Sent from my iPhone
>
> On Jan 6, 2015, at 5:12 PM, Holly Roark hollyroark22@gmail.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
>
> It's my understanding that when a creditor obtains a judgment and then
> levies on cash in the debtor's bank account or cash held by a third party
> that belongs to the debtor that the debtor can file a motion to avoid the
> lien under 522(f) along with a motion for turnover (so long as a portion of
> the funds can be exempted) and recover the exempt funds. Am I wrong?
>
> Is the chapter 7 trustee able to recover such funds if an "execution lien"
> was created? In this case we'd like the trustee to get the money back but
> trustee says writ of execution creates a lien and trustee can do nothing to
> get those funds back because of the lien.
>
> I thought trustees could claw back all kinds of things. Help me here.
>
>
>
> --
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>
Trustee is telling me that trustee cannot avoid lien, even though it's within the 90 day preference period because it is an "execution lien".Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
The post was migrated from Yahoo.
It's a preferential transfer issue. See section 547, 546 for limitations on avoiding powers and 522 (g) and (h).
Mark Jessee
Sent from my iPhone
> On Jan 6, 2015, at 5:12 PM, Holly Roark hollyroark22@gmail.com [cdcbaa] wrote:
>
> It's my understanding that when a creditor obtains a judgment and then levies on cash in the debtor's bank account or cash held by a third party that belongs to the debtor that the debtor can file a motion to avoid the lien under 522(f) along with a motion for turnover (so long as a portion of the funds can be exempted) and recover the exempt funds. Am I wrong?
>
>
> Is the chapter 7 trustee able to recover such funds if an "execution lien" was created? In this case we'd like the trustee to get the money back but trustee says writ of execution creates a lien and trustee can do nothing to get those funds back because of the lien.
>
> I thought trustees could claw back all kinds of things. Help me here.
>
>
>
> --
> Holly Roark
> Certified Bankruptcy Specialist*
> and Sports Lawyer
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
> *By State Bar of California Board of Legal Specialization
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
The post was migrated from Yahoo.
The trustee can't avoid an execution lien after the 90 day preference period has expired.
The debtor can avoid the fixing of a lien on exempt property under 522(f). Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Tuesday, January 6, 2015 5:12 PM, "Holly Roark hollyroark22@gmail.com [cdcbaa]" wrote:
It'smy understanding that when a creditor obtainsa judgment and then levies on cash in the debtor's bank account or cash held by a third party that belongs to the debtorthat the debtor can file a motion to avoid the lien under 522(f) along with a motion for turnover (so long as a portion of the funds can be exempted) and recover the exempt funds. Am Iwrong?
Is the chapter 7 trustee able to recover such funds ifan "execution lien" was created? In this case we'd like thetrustee to get the money back but trustee says writ of execution creates a lien and trustee can do nothing to get those funds back because of the lien.
I thought trustees could claw back all kinds of things. Help me here.
Holly RoarkCertified Bankruptcy Specialist*
and Sports Lawyer
holly@roarklawoffices.com**primary email address**www.roarklawoffices.comCentral District of CaliforniaConsumer Bankruptcy Attorney1875 Century Park East, Suite 600Los Angeles, CA 90067T (310) 553-2600F (310) 553-2601*By State Bar of California Board of LegalSpecialization**For a quicker response, email me at holly@roarklawoffices.com. I only use gmail for my listservs, and am likely to miss private emails directed to my gmail account.**
The post was migrated from Yahoo.
It's my understanding that when a creditor obtains a judgment and then
levies on cash in the debtor's bank account or cash held by a third party
that belongs to the debtor that the debtor can file a motion to avoid the
lien under 522(f) along with a motion for turnover (so long as a portion of
the funds can be exempted) and recover the exempt funds. Am I wrong?
Is the chapter 7 trustee able to recover such funds if an "execution lien"
was created? In this case we'd like the trustee to get the money back but
trustee says writ of execution creates a lien and trustee can do nothing to
get those funds back because of the lien.
I thought trustees could claw back all kinds of things. Help me here.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
It'smy understanding that when a creditor obtainsa judgment and then levies on cash in the debtor's bank account or cash held by a third party that belongs to the debtorthat the debtor can file a motion to avoid the lien under 522(f) along with a motion for turnover (so long as a portion of the funds can be exempted) and recover the exempt funds. Am Iwrong?Is the chapter 7 trustee able to recover such funds ifan "execution lien" was created? In this case we'd like thetrustee to get the money back but trustee says writ of execution creates a lien and trustee can do nothing to get those funds back because of the lien. I thought trustees could claw back all kinds of things. Help me here.-- Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
The post was migrated from Yahoo.