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Can Chapter 13 Trustee hold Homestead Exemption Hosta=
Under our chapter 13 plan, it does not revest at confirmation:
Property of the bankruptcy estate will not revest in Debtor until a discharge is granted or the case is dismissed or closed without discharge.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, California 90503
Telephone: (310) 792-5864
Facsimile: (310) 347-4353
Email: MitnickLaw@aol.com,MitnickLaw@gmail.com
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To: cdcbaa
Sent: Mon, Jan 8, 2018 9:16 am
Subject: Re: [cdcbaa] Can Chapter 13 Trustee hold Homestead Exemption Hostage in post-confirmation sale
Hi there:
Added caveat that might be helpful? If confirmation revests all property of the estate to the Debtor isn't the homestead exemption hers? And that the Confirmed Plan binds each creditor to the amount they were to get which was ____? percentage.
11 U.S. Code 1327 - Effect of confirmation
US CodeNotes
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(a)
The provisions of a confirmed plan bind the debtor and each creditor, whether or not theclaimof such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan.
(b)
Except as otherwise provided in the plan or the order confirming the plan, the confirmation of a plan vests all of the property of the estate in the debtor.
(c)
Except as otherwise provided in the plan or in the order confirming the plan, the property vesting in the debtor under subsection (b) of this section is free and clear of anyclaimor interest of any creditor provided for by the plan.
R. Grace Rodriguez, Esq.
Full service Real Estate
Attorney
California State BarCertified Bankruptcy SpecialistOFF: (818) 734-7223
CEL: (818) 554-9922
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On Fri, Jan 5, 2018 at 1:34 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. She
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 our chapter 13 plan, it does not revest at confirmation:Property of the bankruptcy estate will not revest in Debtor until a discharge is granted or the case is dismissed or closed without discharge.Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, California 90503
Telephone: (310) 792-5864Facsimile: (310) 347-4353
Email: MitnickLaw@aol.com, MitnickLaw@gmail.com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use. The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
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