Central District Consumer Bankruptcy Attorney's Association

Or, if you have an appraisal from back then, that's great, too. There
should have been one attached to the original 522(f) Motion, no?
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
On Fri, Jun 2, 2017 at 3:42 PM, Holly Roark wrote:
> David, I have reopened old cases to do a 522(f) Motion and we find an
> appriaser who can do a "retroactive appraisal" to the filing date. This has
> worked, with no issues whatsoever.
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> *Central District of California & District of Idaho* - Consumer
> Bankruptcy Attorney
> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
> T (310) 553-2600; F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
>
> On Wed, May 31, 2017 at 5:31 PM, David Tilem DavidTilem@TilemLaw.com
> [cdcbaa] wrote:
>
>>
>>
>> Group:
>>
>>
>>
>> Client filed a Ch 7 in 2010. The lawyer filed a lien avoidance motion,
>> but named the wrong creditor and served at the wrong address. No lien
>> avoidance of course. Now client wants me to reopen the case to correct
>> the problem. I have no issue with that, but..
>>
>>
>>
>> If I use the current value for the property, they lose. If I use the
>> value of the property in 2010 they win.
>>
>>
>>
>> What say all of you?
>>
>>
>>
>> *David A. Tilem*
>>
>> *Certified Bankruptcy Specialist Since 1997*
>>
>> Law Offices of David A. Tilem
>>
>> 206 N. Jackson St., #201
>>
>> Glendale, CA 91206
>>
>> Tel: 818-507-6000 * Fax: 818-507-6800
>>
>>
>> Toll Free: 888-BK PRO 4U (888-257-7648 )
>>
>> www.TilemLaw.com
>>
>>
>>
>> [image: square-facebook-24] [image:
>> square-twitter-24] [image:
>> square-linkedin-24]
>> [image:
>> square-google-plus-24]
>>
>>
>>
>>
>> [image: cid:image005.png@01D0C939.A54B78D0] [image:
>> cid:image006.png@01D0C939.A54B78D0] [image: SL]
>>
>> [image: AVVO]
>>
>> [image: av]
>>
>>
>>
>>
>>
>>
>> The pages comprising this transmission may contain CONFIDENTIAL
>> INFORMATION from Law Offices of David A. Tilem. This information is
>> intended solely for use by the individual or entity named as the recipient
>> hereof. If you are not the intended recipient, be aware that any
>> disclosure, copying, distribution, or use of the contents of this
>> transmission is prohibited. If you have received this transmission in
>> error, please notify us by telephone immediately so we may arrange and
>> correct this transmission.
>>
>>
>>
>>
>>
>
>
Or, if you have an appraisal from back then, that's great, too. There should have been one attached to the original 522(f) Motion, no?Certified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California & District of Idaho - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067T (310) 553-2600; F (310) 553-2601

The post was migrated from Yahoo.

David, I have reopened old cases to do a 522(f) Motion and we find an
appriaser who can do a "retroactive appraisal" to the filing date. This has
worked, with no issues whatsoever.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
On Wed, May 31, 2017 at 5:31 PM, David Tilem DavidTilem@TilemLaw.com
[cdcbaa] wrote:
>
>
> Group:
>
>
>
> Client filed a Ch 7 in 2010. The lawyer filed a lien avoidance motion,
> but named the wrong creditor and served at the wrong address. No lien
> avoidance of course. Now client wants me to reopen the case to correct
> the problem. I have no issue with that, but..
>
>
>
> If I use the current value for the property, they lose. If I use the
> value of the property in 2010 they win.
>
>
>
> What say all of you?
>
>
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
>
> Toll Free: 888-BK PRO 4U (888-257-7648 )
>
> www.TilemLaw.com
>
>
>
> [image: square-facebook-24] [image:
> square-twitter-24] [image:
> square-linkedin-24]
> [image:
> square-google-plus-24]
>
>
>
>
> [image: cid:image005.png@01D0C939.A54B78D0] [image:
> cid:image006.png@01D0C939.A54B78D0] [image: SL]
>
> [image: AVVO]
>
> [image: av]
>
>
>
>
>
>
> The pages comprising this transmission may contain CONFIDENTIAL
> INFORMATION from Law Offices of David A. Tilem. This information is
> intended solely for use by the individual or entity named as the recipient
> hereof. If you are not the intended recipient, be aware that any
> disclosure, copying, distribution, or use of the contents of this
> transmission is prohibited. If you have received this transmission in
> error, please notify us by telephone immediately so we may arrange and
> correct this transmission.
>
>
>
>
>
David, I have reopened old cases to do a 522(f) Motion and we find an appriaser who can do a "retroactive appraisal" to the filing date. This has worked, with no issues whatsoever.Holly RoarkCertified Bankruptcy Specialist*
The post was migrated from Yahoo.

Yea, our forms on that are completely wrong.
On 5/31/2017 5:36 PM, jesseelaw@aol.com [cdcbaa] wrote:
>
>
> Agreed the Petition date is the valuation date, but what has
> always made me scratch my head was how the local form 522(f)
> motion requires the *CURRENT *lien(s) amount with proof of that
> *CURRENT* amount. I have seen a 522(f) motion denied for
> providing only proof of the lien amount(s) at petition filing
> date. It was not one of my cases, but as I recall it was a Judge
> Carroll decision I read a couple years ago.
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
> In a message dated 5/31/2017 5:18:29 P.M. Pacific Daylight Time,
> cdcbaa@yahoogroups.com writes:
>
> Petition date is valuation date
>
> Sent from my iPhone
>
> On May 31, 2017, at 4:31 PM, David Tilem
> DavidTilem@TilemLaw.com [cdcbaa] wrote:
>
>> Group:
>>
>> Client filed a Ch 7 in 2010. The lawyer filed a lien
>> avoidance motion, but named the wrong creditor and served at
>> the wrong address. No lien avoidance – of course. Now
>> client wants me to reopen the case to correct the problem. I
>> have no issue with that, but…..
>>
>> If I use the current value for the property, they lose. If I
>> use the value of the property in 2010 they win.
>>
>> What say all of you?
>>
>> *David A. Tilem*
>>
>> *Certified Bankruptcy Specialist Since 1997*
>>
>> Law Offices of David A. Tilem
>>
>> 206 N. Jackson St., #201
>>
>> Glendale, CA 91206
>>
>> Tel: 818-507-6000 * Fax: 818-507-6800
>>
>> Toll Free: 888-BK PRO 4U (888-257-7648)
>>
>> www.TilemLaw.com
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> The pages comprising this transmission may contain
>> CONFIDENTIAL INFORMATION from Law Offices of David A. Tilem.
>> This information is intended solely for use by the individual
>> or entity named as the recipient hereof. If you are not the
>> intended recipient, be aware that any disclosure, copying,
>> distribution, or use of the contents of this transmission is
>> prohibited. If you have received this transmission in error,
>> please notify us by telephone immediately so we may arrange
>> and correct this transmission.
>>
>
>
>
>
>
> Virus-free. www.avg.com
>
>
>
>
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.

The post was migrated from Yahoo.

Current amount is as of petition date and you do a declaration per the local rule stating that. I've done 3 already this year. Also the motion to reopen order rule states you put in the order that no trustee is to be appointed.
Sent from my iPhone
> On May 31, 2017, at 5:36 PM, jesseelaw@aol.com [cdcbaa] wrote:
>
> Agreed the Petition date is the valuation date, but what has always made me scratch my head was how the local form 522(f) motion requires the CURRENT lien(s) amount with proof of that CURRENT amount. I have seen a 522(f) motion denied for providing only proof of the lien amount(s) at petition filing date. It was not one of my cases, but as I recall it was a Judge Carroll decision I read a couple years ago.
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
>
> In a message dated 5/31/2017 5:18:29 P.M. Pacific Daylight Time, cdcbaa@yahoogroups.com writes:
>
> Petition date is valuation date
>
> Sent from my iPhone
>
>> On May 31, 2017, at 4:31 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa] wrote:
>>
>>
>> Group:
>>
>>
>> Client filed a Ch 7 in 2010. The lawyer filed a lien avoidance motion, but named the wrong creditor and served at the wrong address. No lien avoidance of course. Now client wants me to reopen the case to correct the problem. I have no issue with that, but..
>>
>>
>> If I use the current value for the property, they lose. If I use the value of the property in 2010 they win.
>>
>>
>> What say all of you?
>>
>>
>> David A. Tilem
>>
>> Certified Bankruptcy Specialist Since 1997
>>
>> Law Offices of David A. Tilem
>>
>> 206 N. Jackson St., #201
>>
>> Glendale, CA 91206
>>
>> Tel: 818-507-6000 * Fax: 818-507-6800
>>
>> Toll Free: 888-BK PRO 4U (888-257-7648)
>>
>> www.TilemLaw.com
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> The pages comprising this transmission may contain CONFIDENTIAL INFORMATION from Law Offices of David A. Tilem. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange and correct this transmission.
>>
>>
>
>

The post was migrated from Yahoo.

Agreed the Petition date is the valuation date, but what has always made me scratch my head was how the local form 522(f) motion requires the CURRENTlien(s) amount with proof of that CURRENT amount. I have seen a 522(f)
motion denied for providing only proof of the lien amount(s) at petition
filing date. It was not one of my cases, but as I recall it was a Judge
Carroll decision I read a couple years ago.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 5/31/2017 5:18:29 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Petition date is valuation date
Sent from my iPhone
On May 31, 2017, at 4:31 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa] wrote:
Group:
Client filed a Ch 7 in 2010. The lawyer filed a lien avoidance motion,
but named the wrong creditor and served at the wrong address. No lien
avoidance of course. Now client wants me to reopen the case to correct the
problem. I have no issue with that, but..
If I use the current value for the property, they lose. If I use the
value of the property in 2010 they win.
What say all of you?
David A. Tilem
Certified Bankruptcy Specialist Since 1997
Law Offices of David A. Tilem
206 N. Jackson St., #201
Glendale, CA 91206
Tel: 818-507-6000 * Fax: 818-507-6800
Toll Free: 888-BK PRO 4U (888-257-7648)
_www.TilemLaw.com_ (http://www.tilemlaw.com/)
__ (https://www.facebook.com/TilemLaw) __
(https://twitter.com/tilemlaw) __
(https://www.linkedin.com/company/law-of ... id-a-tilem) __

The post was migrated from Yahoo.

Petition date is valuation date
Sent from my iPhone
> On May 31, 2017, at 4:31 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa] wrote:
>
> Group:
>
>
>
> Client filed a Ch 7 in 2010. The lawyer filed a lien avoidance motion, but named the wrong creditor and served at the wrong address. No lien avoidance of course. Now client wants me to reopen the case to correct the problem. I have no issue with that, but..
>
>
>
> If I use the current value for the property, they lose. If I use the value of the property in 2010 they win.
>
>
>
> What say all of you?
>
>
>
> David A. Tilem
>
> Certified Bankruptcy Specialist Since 1997
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
> Toll Free: 888-BK PRO 4U (888-257-7648)
>
> www.TilemLaw.com
>
>
>
>
>
>
>
>
>
>
>
>
>
> The pages comprising this transmission may contain CONFIDENTIAL INFORMATION from Law Offices of David A. Tilem. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange and correct this transmission.
>
>
>
>

The post was migrated from Yahoo.

The law is clear the property should be valued as of the petition date. You can bring a motion to reopen at any time. The only issue (regarding the Motion to Avoid Lien) is that the Creditor has the ability to argue laches. However, they must show (both) an unreasonable delay by the debtor, and prejudice to the adverse party. Couveau v. Am. Airlines, Inc., 218 F.3d 1078, 1083 (9th Cir.2000).
Thomas J. Tedesco, Esq.

The post was migrated from Yahoo.

Reply-To: Joel Feinstein
X-Original-Return-Path: Joel Feinstein
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
I filed a motion to reopen and motion to avoid lien recently in front of
Judge Kwan. We used an appraisal based upon the value at the time the case
was originally filed (Feb 2012) and our motion was granted.
Joel Feinstein
*Joel M. Feinstein* | Attorney at Law
LAW OFFICES OF JOEL M. FEINSTEIN, APC.
16155 Sierra Lakes Parkway, Suite 160-424, Fontana, CA 92336
(949) 419-8920 - Office | Facsimile - (888) 523-8013
jmf@joelfeinsteinlaw.com
*Bankruptcy | Real Estate Law **| Litigation **| Personal Injury*
*California State Bar No.: 177546*
*California Real Estate Broker License No.: 01073369*
*Member - Academy of VA Pension Planners*
*Advocacy - In-Home Supportive Services Hearings & Assessments*
NOTICE OF NO RELIANCE, CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This
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Information contained in this transmission is intended for the use of the
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copy of this communication is strictly prohibited. If you have received
this communication in error, please permanently delete or destroy this
message and immediately notify us by telephone.
On Wed, May 31, 2017 at 4:31 PM, David Tilem DavidTilem@TilemLaw.com
[cdcbaa] wrote:
>
>
> Group:
>
>
>
> Client filed a Ch 7 in 2010. The lawyer filed a lien avoidance motion,
> but named the wrong creditor and served at the wrong address. No lien
> avoidance of course. Now client wants me to reopen the case to correct
> the problem. I have no issue with that, but..
>
>
>
> If I use the current value for the property, they lose. If I use the
> value of the property in 2010 they win.
>
>
>
> What say all of you?
>
>
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
>
> Toll Free: 888-BK PRO 4U (888-257-7648 )
>
> www.TilemLaw.com
>
>
>
> [image: square-facebook-24] [image:
> square-twitter-24] [image:
> square-linkedin-24]
> [image:
> square-google-plus-24]
>
>
>
>
> [image: cid:image005.png@01D0C939.A54B78D0] [image:
> cid:image006.png@01D0C939.A54B78D0] [image: SL]
>
The post was migrated from Yahoo.

Petition date controls regardless.
On 5/31/2017 4:31 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa]
wrote:
>
>
> Group:
>
> Client filed a Ch 7 in 2010. The lawyer filed a lien avoidance
> motion, but named the wrong creditor and served at the wrong
> address. No lien avoidance – of course. Now client wants me to
> reopen the case to correct the problem. I have no issue with
> that, but…..
>
> If I use the current value for the property, they lose. If I use
> the value of the property in 2010 they win.
>
> What say all of you?
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
> Toll Free: 888-BK PRO 4U (888-257-7648)
>
> www.TilemLaw.com
>
> square-facebook-24
> square-twitter-24
> square-linkedin-24
>
> square-google-plus-24
>
>
> cid:image005.png@01D0C939.A54B78D0
> cid:image006.png@01D0C939.A54B78D0 SL
>
> AVVO
>
> av
>
> The pages comprising this transmission may contain CONFIDENTIAL
> INFORMATION from Law Offices of David A. Tilem. This information
> is intended solely for use by the individual or entity named as
> the recipient hereof. If you are not the intended recipient, be
> aware that any disclosure, copying, distribution, or use of the
> contents of this transmission is prohibited. If you have received
> this transmission in error, please notify us by telephone
> immediately so we may arrange and correct this transmission.
>
>
>
>
>
>
> Virus-free. www.avg.com
>
>
>
>
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.

The post was migrated from Yahoo.

Typically, the lien avoidance is the snap shot in time on the date of thefiling of the petition. In an active case, you may face the problem of atrustee seeking any appreciation.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
_Canoga Park, California 91303_ (x-apple-data-detectors://0/0)
Tel: _(818) 992-6588_ (tel:(818)%20992-6588)
Fax: _(818) 992-6511_ (tel:(818)%20992-6511)
Email: ssoesq@aol.com
_www.shaioved.com_ (http://www.shaioved.com/)
________________
The information contained in this email is intended only for the
individual or entity named above and may contain attorney privileged and
confidential information. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution, or copy of
this communication is strictly prohibited. If you received this
communication in error, please immediately notify us by the telephone number above
and return any hard copies to us via the postal service.. The Law Offices of
Shai Oved is a debt relief agency which helps people file for bankruptcy
under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist
by The State Bar of California Board of Legal Specialization.
In a message dated 5/31/2017 4:32:02 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Group:
Client filed a Ch 7 in 2010. The lawyer filed a lien avoidance motion,
but named the wrong creditor and served at the wrong address. No lien
avoidance of course. Now client wants me to reopen the case to correct the
problem. I have no issue with that, but..
If I use the current value for the property, they lose. If I use the
value of the property in 2010 they win.
What say all of you?
David A. Tilem
Certified Bankruptcy Specialist Since 1997
Law Offices of David A. Tilem
206 N. Jackson St., #201
Glendale, CA 91206
Tel: 818-507-6000 * Fax: 818-507-6800
Toll Free: 888-BK PRO 4U (888-257-7648)
_www.TilemLaw.com_ (http://www.tilemlaw.com/)
(https://www.facebook.com/TilemLaw) (https://twitter.com/tilemlaw)

The post was migrated from Yahoo.