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Judge Brand 522(f) lien avoidance
Dear Larry and Mark,
Thank you. You're right. I looked at 522(f) in a vacuum it was very hard to breath there and forgot about 522(a)(2).
All the best,
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist - State Bar of California Board of Legal Specialization
[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@
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Nick,
The statute states that the petition date is the relevant date
Sent from my iPhone
On Feb 20, 2017, at 11:22 AM, Nicholas Gebelt ngebelt@gebeltlaw.com [cdcbaa] wrote:
Dear Colleagues,
I have Chapter 13 clients who have just a couple more months in their five-year plan. The husband just told me that a debt for $174,000, which we scheduled as general unsecured based on what he told me when we filed, is actually secured by a judgment lien. He found this out when he did a search ver filed a proof of claim, so it didnt get paid anything in the plan. The couple would like to avoid the lien pursuant to 522(f). The judge is Julia Brand.
Does Judge Brand require a valuation as of the petition date (five years ago), or as of the date the debtors file the lien avoidance motion?
Thank you for your help.
All the best,
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@
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Petition date.
On 2/20/2017 11:22 AM, Nicholas Gebelt ngebelt@gebeltlaw.com
[cdcbaa] wrote:
>
>
> Dear Colleagues,
>
> I have Chapter 13 clients who have just a couple more months in
> their five-year plan. The husband just told me that a debt for
> $174,000, which we scheduled as general unsecured based on what he
> told me when we filed, is actually secured by a judgment lien. He
> found this out when he did a search ― for an unrelated reason ― on
> liens against his wife. The creditor never filed a proof of
> claim, so it didn’t get paid anything in the plan. The couple
> would like to avoid the lien pursuant to § 522(f). The judge is
> Julia Brand.
>
> Does Judge Brand require a valuation as of the petition date (five
> years ago), or as of the date the debtors file the lien avoidance
> motion?
>
> Thank you for your help.
>
> All the best,
>
> Nick
>
> */Nicholas Gebelt/*
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist – State Bar of California
> Board of Legal Specialization
>
> 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@MyTaxDebtResolution.com
>
>
> Web: www.goodbye2debt.com
> ;www.MyTaxDebtResolution.com
>
>
> Blog: www.southerncaliforniabankruptcylawblog.com/
>
>
> *Important notice required by 11 U.S.C. § 528:*We are a debt
> relief agency. We help people file for bankruptcy relief under the
> Bankruptcy Code.
>
> *Confidentiality Note*: This e-mail is intended only for the
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>
*************************
Mark J. Markus
Law Office of Mark J. Markus
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This Firm is a Qualified Federal Debt Relief Agency
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