Mark:
These cases pose a difficult problem. First the discharge has to be vacated, and a lot of judges won't vacate the discharge.
Second, there are a lot a cases that say that once a trustee takes action in a case based upon the way the debtor filed the exemptions, the debtor cannot amend. Why? Because the trustee wouldn't have tried to take the action, hire a broker, make a motion to sell, if the proper exemption had been taken and someone has to pay the trustee for the work done based upon the improper claim of exemptions.
Some judges make your client refinance and pay the trustee what the trustee's and the broker's fees are to date. It is a bit of a sick system.
I have won some of these and lost some. It all comes down to the rule, Know Thy Judge. If you have a sympathetic judge, you will win. If you have a former prosecutor as your judge, you will lose.
This is why I went off of the panel. I did not have the stomach to sell peoples homes and throw them on the street. The first time I signed a deed to sell another human's home I lost my enthusiasm for being a trustee.
There are lots of trustee's who revel in throwing your client on to the street. The second rule is Know Thy Trustee.
Good luck,
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Nov 6, 2013, at 6:23 PM, "Mark J. Markus" wrote:
>
> Did you request the discharge be revoked? I've got Barry Russell in this, but he wouldn't be the 13 judge....wonder what would happen....
>
> *************************
> 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)509-1460 (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
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> 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.
> On 11/6/2013 6:19 PM,
stephenburtonlaw@yahoo.com wrote:
>> Tried that once with mund. She revoked the discharge.
>> Sent via BlackBerry by AT&T
>> Sender:
cdcbaa@yahoogroups.com
>> Date: Wed, 06 Nov 2013 18:16:18 -0800
>> To:
>> ReplyTo:
cdcbaa@yahoogroups.com
>> Subject: [cdcbaa] converting case post discharge
>>
>>
>> Hi all,
>>
>> Can a Ch. 7 case be converted to Ch. 13 after a discharge has been granted in order to revest property of the estate in the debtor?
>>
>> I've been approached by a debtor (unhappy with his present attorney) who has a Ch. 7 Trustee trying to sell his house, claiming it's worth $100,000 more than a valuation debtor obtained. He also says he will object to any amendment to take the $75k homestead exemption.
>>
>> I don't usually get involved at this stage. Is it too late to convert to stop the Trustee from selling the property and does he have a legitimate basis to object to the debtor taking the exemption now?
>>
>> Thanks,
>> Mark
>>
>>
>> --
>>
>> ******************************************
>> 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)509-1460 (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.
>>
>> --
>>
>
>
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