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
>
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>
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