Central District Consumer Bankruptcy Attorney's Association

Under 1303, doesnt the debtor have the right to bring the sale and the disposition of the sales proceeds flow from that right. In a chapter 7, a debtor cannot sell estate property, therefore the chapter 7 Trustee controls the exemption and reinvestment
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On Jan 5, 2018, at 1:35 PM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
For those with an extra moment on the Friday afternoon of 2018:
Has anyone successfully contested the Chapter 13 Trustee holding the homestead exemption hostage for the 6 months?
Case law from the days of Sam Bufford says the assets of the estate are no longer in contention post-confirmation.
My client is disabled and has a $175K homestead exemption which she would be entitled to, and shes moving to AZ after the sale. Shed like to use some of it as a cash reserve.
Ive almost contested this in front of the same judge, but we elected to compromise with the Chapter 13 Trustee for some lesser amount of cash given the uncertainty of the ruling.
So again, Has anyone successfully contested the Chapter 13 Trustee holding the homestead exemption hostage for the 6 months?
Steve
Law Offices of Steven B. Lever
Under 1303, doesnt the debtor have the right to bring the sale and the disposition of the sales proceeds flow from that right. In a chapter 7, a debtor cannot sell estate property, therefore the chapter 7 Trustee controls the exemption and reinvestment
Sent from my iPhone
On Jan 5, 2018, at 1:35 PM, 'Steven B. Lever'
sblever@leverlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:

For those with an extra moment on the Friday afternoon of 2018:

Has anyone successfully contested the Chapter 13 Trustee holding the homestead exemption hostage for the 6 months?

Case law from the days of Sam Bufford says the assets of the estate are no longer in contention post-confirmation.

My client is disabled and has a $175K homestead exemption which she would be entitled to, and shes moving to AZ after the sale. Shed like to use some of it as a cash
reserve.

Ive almost contested this in front of the same judge, but we elected to compromise with the Chapter 13 Trustee for some lesser amount of cash given the uncertainty of
the ruling.

So again, Has anyone successfully contested the Chapter 13 Trustee holding the homestead exemption hostage for the 6 months?

Steve


Law Offices of Steven B. Lever



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