Central District Consumer Bankruptcy Attorney's Association

Educate the judge. This is a plain meaning statutory interpretation issue.
Higgins essentially says the statute means what it says. The formula
couldn't be clearer.
If you have any questions or concerns please contact me.
Pat
Patrick T. Green
Attorney at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
Email: pat@fitzgreenlaw.com

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John - thanks for the case. It gave me the opportunity to see what's going
on.

Mark - you seem to be right. The court seems to believe "avoidance of a
judicial lien is limited and may be employed only to the extent the line
impairs the debtor's exemption. Section 522(f) ' was not intended to fre
the debtor's property of judicial liens altogether, rather it was intended
to preserve the debtor's exemption.'" Ramirez. Here, there is no equity, so
when the case was filed, no exemption was taken. I've since filed an amended
Schedule C and switched to 704s, exempting equity the debtor doesn't have.

Mark again - thank you for the Higgins case (BAP), which holds that no
equity needs to be present.

Pat - my judge is NB

Thank you all.
_____

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Hale:
I use Lexis. Who is your judge?
If you have any questions or concerns please contact me.
Pat
Patrick T. Green
Attorney at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
Email: pat@fitzgreenlaw.com

The post was migrated from Yahoo.

charset="ISO-8859-1"
Hale Here you are.
I have a Westlaw account that goes for another 18 months or so. I've got an
associate who likes it, so I keep it for him. Otherwise, I'm not a big fan.
John D. Faucher
Faucher & Associates
5743 Corsa Ave., Suite 116
Westlake Village, CA 91362
(818) 889-8080
Fax: (805) 367-4154
http://www.hurlbettfaucher.com/
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indicating that you received this message and then delete the message
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On 4/5/12 10:38 AM, "Hale Andrew Antico" wrote:
charset="ISO-8859-1"
Hale – Here you are. I have a Westlaw account that goes for another 18 months or so. I've got an associate who likes it, so I keep it for him. Otherwise, I'm not a big fan. John D. FaucherFaucher & Associates5743 Corsa Ave., Suite 116Westlake Village, CA 91362(818) 889-8080Fax: (805) 367-4154
The post was migrated from Yahoo.

In Chapter 13, I'm trying to avoid involuntary lien, a relatively new
procedure for me, so I'm stumbling a bit. The uploaded order is rejected
with a note from the court including the phrase: "See In re Ramirez, 2011
WL 1034257 (Bankr. N.D. Cal.)." I don't have Westlaw. I've searched the
CDCBAA listserv, NACBA listserv, searched Google Scholar, searched Fastcase
in as many ways and applicable search terms as I can, and I get no hits.

Can someone with Westlaw pull this case and post it so I can see what the
court thinks I'm doing wrong? Others may need it in the future.

More importantly, do people still use Westlaw?

Hale
In Chapter 13, I'm
trying to avoid involuntary lien, a relatively new procedure for me, so I'mstumbling a bit. The uploaded order is rejected with a note from the court
including the phrase: "See In re Ramirez, 2011 WL 1034257 (Bankr.
N.D. Cal.)." I don't have Westlaw. I've searched the CDCBAA listserv,NACBA listserv, searched Google Scholar, searched Fastcase in as many ways and
applicable search terms as I can, and I get no hits.

Can
someone with Westlaw pull this case and post it so I can see what the
court thinks I'm doing wrong? Others may need it in the
future.

More
importantly, do people still use Westlaw?

Hale



The post was migrated from Yahoo.