Central District Consumer Bankruptcy Attorney's Association

So perhaps the best practice is to use up to the full exemption amount,
including the value of the judicial lien:
FMV: 100K
Mortgage: 50K
Judicial lien: 20K
Exemption: 50K
On Feb 14, 2018 10:26 AM, "Shannon Doyle sdoyle@ebankruptcyassistants.com
[cdcbaa]" wrote:
>
>
> I agree you can avoid the lien if exemption is $75k but fact pattern
> indicated exemption is $20k.
>
>
>
>
>
> [image: New Professional Pic2]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Direct Line: 855-378-4080 *
>
> *Direct Fax: 562-249-8435 *
>
> *Licensed in California*
>
>
>
>
>
>
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Wednesday, February 14, 2018 8:59 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] 522f question
>
>
>
>
>
> So 10,000 plus 50,000 plus 75,000 (704 exemptions) 135k which tellks me
> liens up to 35k can be avoided.
>
>
>
>
>
>
>
> Sent from my T-Mobile 4G LTE Device
>
>
>
> -------- Original message --------
>
> cdcbaa@yahoogroups.com>
>
> Date: 2/14/18 6:03 AM (GMT-08:00)
>
> To: cdcbaa@yahoogroups.com
>
> Subject: RE: [cdcbaa] 522f question
>
>
>
>
>
> No the lien cant be avoided.
>
>
>
>
>
> [image: New Professional Pic2]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Direct Line: 855-378-4080 *
>
> *Direct Fax: 562-249-8435 *
>
> *Licensed in California*
>
>
>
>
>
>
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Tuesday, February 13, 2018 5:27 PM
> *To:* Cdcbaa Yahoo Listserv
> *Subject:* [cdcbaa] 522f question
>
>
>
>
>
> 522(f) reads in relevant part:
>
>
>
> (A) For the purposes of this subsection, a lien shall be considered to
> impair an exemption to the extent that the sum of
>
> (i) the lien;
>
> (ii) all other liens on the property; and
>
> (iii) the amount of the exemption that the debtor could claim if there
> were no liens on the property;
>
> exceeds the value that the debtors interest in the property would have in
> the absence of any liens.
>
>
>
> If a debtor has equity in a house above the value of the liens, but
> exempted more than the amount of the lien, can the lien be avoided under
> 522(f)?
>
>
>
> Using easy numbers:
>
> value of house: 100K
>
> mortgage: 50K
>
> judgment lien: 10K
>
> exemption: 20K
>
> equity: 20K
>
>
>
> Thank you,
>
>
>
> --
>
> Kirk Brennan
>
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
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> reliance on this message. If you have received this message in error,
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> message and its attachments from your computer system. We do not waive
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> message.
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So perhaps the best practice is to use up to the full exemption amount, including the value of the judicial lien:FMV: 100KMortgage: 50KJudicial lien: 20KExemption: 50KOn Feb 14, 2018 10:26 AM, "Shannon Doyle
The post was migrated from Yahoo.

Or, stated differently, will you add $1 in exemption over the FMV to comply
with the language of the statute?
On Feb 14, 2018 9:51 AM, "Kirk Brennan" wrote:
> How about if equal to, not greater (nothing to exempt over 100%) as in my
> example?
>
> On Feb 14, 2018 9:49 AM, "'Peter M. Lively' petermlively2000@yahoo.com
> [cdcbaa]" wrote:
>
>>
>>
>> Add the maximum exemption to the consensual liens and before the judgment
>> lien(s). If total of consensual liens and exemption is greater than the
>> collateral's value, then the judgment liens can be avoided 100%.
>>
>> Peter M. Lively, J.D., M.B.A.
>> 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 Wednesday, February 14, 2018, 9:45:44 AM PST, Kirk Brennan
>> kirkinhermosa@gmail.com [cdcbaa] wrote:
>>
>>
>>
>>
>> Changing the fact pattern a bit:
>> $100K Fair market value
>> $50K mortgage
>> $10K judgment lien
>> $40K exemption
>>
>> Can the judgment lien be avoided under these facts?
>>
>> Thanks for the responses.
>>
>> On Tue, Feb 13, 2018 at 5:51 PM, Patrick Green pat@fitzgreenlaw.com
>> [cdcbaa] wrote:
>>
>>
>>
>> Kirk:
>>
>>
>>
>> In your example there is no impairment, so no avoidance. The exemption
>> would need to be 50k in your example. See my numbers and comments below.
>>
>>
>>
>> If you have any questions or concerns, please contact me.
>>
>>
>>
>> Pat
>>
>>
>>
>> Patrick T. Green
>>
>> 1010 E. Union St.
>>
>> Ste. 206
>>
>>
>> Pasadena, CA 91106
>>
>>
>> Ph:
>>
The post was migrated from Yahoo.

How about if equal to, not greater (nothing to exempt over 100%) as in my
example?
On Feb 14, 2018 9:49 AM, "'Peter M. Lively' petermlively2000@yahoo.com
[cdcbaa]" wrote:
>
>
> Add the maximum exemption to the consensual liens and before the judgment
> lien(s). If total of consensual liens and exemption is greater than the
> collateral's value, then the judgment liens can be avoided 100%.
>
> Peter M. Lively, J.D., M.B.A.
> 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 Wednesday, February 14, 2018, 9:45:44 AM PST, Kirk Brennan
> kirkinhermosa@gmail.com [cdcbaa] wrote:
>
>
>
>
> Changing the fact pattern a bit:
> $100K Fair market value
> $50K mortgage
> $10K judgment lien
> $40K exemption
>
> Can the judgment lien be avoided under these facts?
>
> Thanks for the responses.
>
> On Tue, Feb 13, 2018 at 5:51 PM, Patrick Green pat@fitzgreenlaw.com
> [cdcbaa] wrote:
>
>
>
> Kirk:
>
>
>
> In your example there is no impairment, so no avoidance. The exemption
> would need to be 50k in your example. See my numbers and comments below.
>
>
>
> If you have any questions or concerns, please contact me.
>
>
>
> Pat
>
>
>
> Patrick T. Green
>
> 1010 E. Union St.
>
> Ste. 206
>
>
> Pasadena, CA 91106
>
>
> Ph:
>
The post was migrated from Yahoo.

Add the maximum exemption to the consensual liens and before the judgment lien(s). If total of consensual liens and exemption is greater than the collateral's value, then the judgment liens can be avoided 100%.
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 Wednesday, February 14, 2018, 9:45:44 AM PST, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
Changing the fact pattern a bit:$100K Fair market value$50K mortgage$10K judgment lien$40K exemption
Can the judgment lien be avoided under these facts?
Thanks for the responses.
On Tue, Feb 13, 2018 at 5:51 PM, Patrick Green pat@fitzgreenlaw.com [cdcbaa] wrote:
Kirk:
In your example there is no impairment, so no avoidance. The exemption would need to be 50k in your example. See my numbers and comments below.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Ph: 626-449-8433
Fax: 626-449-0565
Email:pat@fitzgreenlaw.com
CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission.

The post was migrated from Yahoo.

Changing the fact pattern a bit:
$100K Fair market value
$50K mortgage
$10K judgment lien
$40K exemption
Can the judgment lien be avoided under these facts?
Thanks for the responses.
On Tue, Feb 13, 2018 at 5:51 PM, Patrick Green pat@fitzgreenlaw.com
[cdcbaa] wrote:
>
>
> Kirk:
>
>
>
> In your example there is no impairment, so no avoidance. The exemption
> would need to be 50k in your example. See my numbers and comments below.
>
>
>
> If you have any questions or concerns, please contact me.
>
>
>
> Pat
>
>
>
> Patrick T. Green
>
> 1010 E. Union St.
>
> Ste. 206
>
>
> Pasadena, CA 91106
>
>
> Ph: 626-449-8433
>
> Fax: 626-449-0565
>
> Email: pat@fitzgreenlaw.com
>
>
>
> CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments
> accompanying it) may contain confidential information belonging to the
> sender which is protected by the attorney-client privilege. The information
> is intended only for the use of the intended recipient. If you are not the
> intended recipient, you are hereby notified that any disclosure, copying,
> distribution or the taking of any action in reliance on the contents of
> this information is strictly prohibited. Any unauthorized interception of
> this transmission is illegal. If you have received this transmission in
> error, please promptly notify the sender by reply e-mail, and then destroy
> all copies of the transmission.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Tuesday, February 13, 2018 5:27 PM
> *To:* Cdcbaa Yahoo Listserv
> *Subject:* [cdcbaa] 522f question
>
>
>
>
>
> 522(f) reads in relevant part:
>
>
>
> (A) For the purposes of this subsection, a lien shall be considered to
> impair an exemption to the extent that the sum of
>
> (i) the lien; 10K
>
> (ii) all other liens on the property; and50k
>
> (iii) the amount of the exemption that the debtor could claim if there
> were no liens on the property; 20k
>
> exceeds the value that the debtors interest in the property would have in
> the absence of any liens This number is 100k.
>
>
>
> 80k is less than 100k, it needs to be more. In my example, with a 50k
> exemption, the 110k total of mortgage (50k), the lien (10k) and the
> exemption (50k) is more than the fmv of 100k (the debtors interest in the
> property if there were no liens).
>
>
>
> If a debtor has equity in a house above the value of the liens, but
> exempted more than the amount of the lien, can the lien be avoided under
> 522(f)?
>
>
>
> Using easy numbers:
>
> value of house: 100K
>
> mortgage: 50K
>
> judgment lien: 10K
>
> exemption: 20K
>
> equity: 20K
>
>
>
> Thank you,
>
>
>
> --
>
> Kirk Brennan
>
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
>
>
>
>
>
>
>
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
Changing the fact pattern a bit:$100K Fair market value$50K mortgage$10K judgment lien$40K exemptionCan the judgment lien be avoided under these facts?Thanks for the responses.On Tue, Feb 13, 2018 at 5:51 PM, Patrick Green pat@fitzgreenlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:

The post was migrated from Yahoo.

522(f) reads in relevant part:
(A) For the purposes of this subsection, a lien shall be considered to
impair an exemption to the extent that the sum of
(i) the lien;
(ii) all other liens on the property; and
(iii) the amount of the exemption that the debtor could claim if there were
no liens on the property;
exceeds the value that the debtors interest in the property would have in
the absence of any liens.
If a debtor has equity in a house above the value of the liens, but
exempted more than the amount of the lien, can the lien be avoided under
522(f)?
Using easy numbers:
value of house: 100K
mortgage: 50K
judgment lien: 10K
exemption: 20K
equity: 20K
Thank you,
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
522(f) reads in relevant part:(A) For the purposes of this subsection, a lien shall be considered to impair an exemption to the extent that the sum of(i) the lien;(ii) all other liens on the property; and(iii) the amount of the exemption that the debtor could claim if there were no liens on the property;exceeds the value that the debtors interest in the property would have in the absence of any liens.If a debtor has equity in a house above the value of the liens, but exempted more than the amount of the lien, can the lien be avoided under 522(f)?Using easy numbers:value of house: 100Kmortgage: 50Kjudgment lien: 10Kexemption: >-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.

The post was migrated from Yahoo.