Central District Consumer Bankruptcy Attorney's Association

the statute allows redemption after hoa sale.
d
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On Jun 21, 2013, at 5:43 PM, "Gerald McNally" wrote:
> Redemption is only possible with a judicial foreclosure. The HOS most likely held a non-judicial foreclosure.
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> Gerry McNally
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> Gerald McNally
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> McNally & Associates, P.C.
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> 517 East Wilson Ave., Ste 104
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> Glendale, CA 91206
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> 818.507.5100
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> Fax: 818.507.5001
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You are reading 108 too narrowly. The first part of the sentence says that
"if applicable non-bankruptcy law ... fixes a period within which the
debtor may commence an action, ..." The parts about an "order" or
"agreement" are additional. So, the extension would apply in your case.
In any event, the usual requirement in bankruptcy is that you file the
case before the time to redeem expires and you redeem through the plan. I
don't have access to all of my library right now, but my understanding is
that the certificate of sale does not transfer title until the redemption
period expires, at which time the trustee can record title under the third
party buyer's name (which cannot be done if the stay is in place). Given
that, if you file a 13 or 11 prior to the expiration of the redemption
period, you should be able to treat the certificate of sale as you would
any "claim" against the debtor's property and pay it back through the plan
to redeem the property. Of course, a Chapter 7 trustee should also be able
to redeem within the 108 time-frame, though not through installment
payments. In a 13 or 11 plan, I would add language that, *inter alia*, the
certificate of sale is rendered null and void (and, perhaps that the
confirmation order and/or discharge may be recorded and will constitute an
order of expungement without further court order), by the completion of the
plan or, in an 11, when the treatment provided for that specific class has
been satisfied, even if other parts of the ch. 11 plan continue...
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
You are reading 108 too narrowly. The first part of the sentence says that "if applicable non-bankruptcy law ... fixes a period within which the debtor may commence an action, ..." The parts about an "order" or "agreement" are additional. So, the extension would apply in your case. In any event, the usual requirement in bankruptcy is that you file the case before the time to redeem expires and you redeem through the plan. I don't have access to all of my library right now, but my understanding is that the certificate of sale does not transfer title until the redemption period expires, at which time the trustee can record title under the third party buyer's name (which cannot be done if the stay is in place). Given that, if you file a 13 or 11 prior to the expiration of the redemption period, you should be able to treat the certificate of sale as you would any "claim" against the debtor's property and pay it back through the plan to redeem the property. Of course, a Chapter 7 trustee should also be able to redeem within the 108 time-frame, though not through installment payments. In a 13 or 11 plan, I would add language that, inter alia, the certificate of sale is rendered null and void (and, perhaps that the confirmation order and/or discharge may be recorded and will constitute an order of expungement without further court order), by the completion of the plan or, in an 11, when the treatment provided for that specific class has been satisfied, even if other parts of the ch. 11 plan continue...
-- Giovanni Orantes, Esq.Certified Bankruptcy Specialist* Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010
Tel: (213) 389-4362Fax: (877) 789-5776e-mail:
The post was migrated from Yahoo.

Regardless of any other laws to the contrary, HOA foreclosure sales are
governed by the Davis-Sterling act, which at Civil Code section 729.035
provides the owner of such property the statutory right of redemption
within 90 days of the sale date. It is for that reason that a buyer at an
HOA foreclosure sale receives a "certificate of sale" rather than a
trustee's deed, until the 90 day redemption period expires.
It is under the circumstances of post-sale, pre-redemption period
expiration date Ch13 bankruptcy filing that my question arises. Since
title does not pass until the 90 days expires, can a debtor file a Ch13 BK
and plan to repay the delinquencies, sale and collection costs incurred by
the HOA over the 3 or 5 years of a Ch13 plan, or is the debtor "stuck" with
the statutory 90 day period?
Yes, I have reviewed 11 USC 108. I believe that the situation I pose is
distinguishable from an "order" or "agreement" under nonbankruptcy law as
proscribed by section 108, as the HOA foreclosure sale is an involuntary
non-judicial sale without any "order" or "agreement."
I would appreciate any "devil's advocate" opinions or comments.
John Boyko
LAW OFFICES OF JOHN M. BOYKO
3521 Lomita Blvd., Suite 100
Torrance, CA 90505
310-750-6789 (Office)
424-201-2611 (Fax)
"jboykolaw.com"
Regardless of any other laws to the contrary, HOA foreclosure sales are governed by the Davis-Sterling act, which at Civil Code section 729.035 provides the owner of such property the statutory right of redemption within 90 days of the sale date. It is for that reason that a buyer at an HOA foreclosure sale receives a "certificate of sale" rather than a trustee's deed, until the 90 day redemption period expires.
It is under the circumstances of post-sale, pre-redemption period expiration date Ch13 bankruptcy filing that my question arises.a Ch13 BK and plan to repay the delinquencies, sale and collection costs incurred by the HOA over the 3 or 5 years of a Ch13 plan, or is the debtor "stuck" with the statutory 90 day period?
Yes, I have reviewed 11 USC 108. I believe that the situation I pose is distinguishable from an "order" or "agreement" under nonbankruptcy law as proscribed by section 108, as the HOA foreclosure sale is an involuntary non-judicial sale without any "order" or "agreement."
I would appreciate any "devil's advocate" opinions or comments.-- John BoykoLAW OFFICES OF JOHN M. BOYKO3521 Lomita Blvd., Suite 100Torrance, CA 90505
310-750-6789 (Office)424-201-2611 (Fax)"jboykolaw.com"

The post was migrated from Yahoo.

Redemption is only possible with a judicial foreclosure. The HOS most
likely held a non-judicial foreclosure.
Gerry McNally
McNally Bus Card Smaller
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended
recipient of the transmission and may be a communication privileged by
law. If you received this email in error, and review, use,
dissemination, distribution or copying of this email is strictly
prohibited. Please notify us immediately of the error by return email
and please delete this message and any and all duplicates of this
message from your system. Thank you in advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements
imposed by the Internal Revenue Service, we inform you that any U.S.
tax advice contained in this communication (including any attachments)
is not intended 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 herein.

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I think an AP and/or a term in a confirmed plan, whichever happens first,
would accomplish it.
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
I think an AP and/or a term in a confirmed plan, whichever happens first, would accomplish it.-- Giovanni Orantes, Esq.
Certified Bankruptcy Specialist* Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010
Tel: (213) 389-4362Fax: (877) 789-5776e-mail:
The post was migrated from Yahoo.

That would by my "logical" conclusion as well. The thing I am concerned
about however is trying get judicial BK resolution of this before the 90
day redemption period expires and my client is left out in the cold. What
type of motion or proceeding would you suggest to do this?
John Boyko
LAW OFFICES OF JOHN M. BOYKO
3521 Lomita Blvd., Suite 100
Torrance, CA 90505
310-750-6789 (Office)
424-201-2611 (Fax)
"jboykolaw.com"
That would by my "logical" conclusion as well.tion of this before the 90 day redemption period expires and my client is left out in the cold. What type of motion or proceeding would you suggest to do this?
-- John BoykoLAW OFFICES OF JOHN M. BOYKO3521 Lomita Blvd., Suite 100Torrance, CA 90505310-750-6789 (Office)424-201-2611 (Fax)"jboykolaw.com"

The post was migrated from Yahoo.

Take a look at section 108. It's very specific.
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> I posted this a few days ago without a response. I would greatly appreciate some feedback:
>
> It is my understanding that a BK filing will not normally void a trustee's deed issued and recorded after the BK filing occurred unless the BK filing was before the foreclosure sale actualy occurred due to the relation back provisions of Civ Code 2924h(c).
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> Has anyone in this group ever successfully used a Chapter 13 to extend the normal 90 day redemption period where an HOA has sold property through a foreclosure sale? In my situatioon, the HOA foreclosure sale occurred on day 1, the Chapter 13 was filed on day 2, but title does not transfer to the new buyer until after the 90 redemption period afforded by CCP 729.035. In other words, can the debtor use the Chapter 13 to "redeem" the property over 5 years in accordance with a Chapter 13 plan??
>

The post was migrated from Yahoo.

My recollection is that the reason a deed of trust cannot be set aside
easily is because there is no redemption post-sale in California. Without
researching more, it stands to reason that a sale subject to redemption can
be unwound.
On Thu, Jun 20, 2013 at 4:45 PM, JMB2BLB wrote:
> **
>
>
> I posted this a few days ago without a response. I would greatly
> appreciate some feedback:
>
> It is my understanding that a BK filing will not normally void a trustee's
> deed issued and recorded after the BK filing occurred unless the BK filing
> was before the foreclosure sale actualy occurred due to the relation back
> provisions of Civ Code 2924h(c).
>
> Has anyone in this group ever successfully used a Chapter 13 to extend the
> normal 90 day redemption period where an HOA has sold property through a
> foreclosure sale? In my situatioon, the HOA foreclosure sale occurred on
> day 1, the Chapter 13 was filed on day 2, but title does not transfer to
> the new buyer until after the 90 redemption period afforded by CCP 729.035.
> In other words, can the debtor use the Chapter 13 to "redeem" the property
> over 5 years in accordance with a Chapter 13 plan??
>
>
>
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
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is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed
by the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
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 herein.
My recollection is that the reason a deed of trust cannot be set aside easily is because there is no redemption post-sale in California. Without researching more, it stands to reason that a sale subject to redemption can be unwound.
On Thu, Jun 20, 2013 at 4:45 PM, JMB2BLB <jboyko@gmail.com> wrote:
I posted this a few days ago without a response. I would greatly appreciate some feedback:
It is my understanding that a BK filing will not normally void a trustee's deed issued and recorded after the BK filing occurred unless the BK filing was before the foreclosure sale actualy occurred due to the relation back provisions of Civ Code 2924h(c).
Has anyone in this group ever successfully used a Chapter 13 to extend the normal 90 day redemption period where an HOA has sold property through a foreclosure sale? In my situatioon, the HOA foreclosure sale occurred on day 1, the Chapter 13 was filed on day 2, but title does not transfer to the new buyer until after the 90 redemption period afforded by CCP 729.035. In other words, can the debtor use the Chapter 13 to "redeem" the property over 5 years in accordance with a Chapter 13 plan??
-- Giovanni Orantes, Esq.Certified Bankruptcy Specialist* Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010
Tel: (213) 389-4362Fax: (877) 789-5776e-mail: (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.

The post was migrated from Yahoo.

I posted this a few days ago without a response. I would greatly appreciate some feedback:
It is my understanding that a BK filing will not normally void a trustee's deed issued and recorded after the BK filing occurred unless the BK filing was before the foreclosure sale actualy occurred due to the relation back provisions of Civ Code 2924h(c).
Has anyone in this group ever successfully used a Chapter 13 to extend the normal 90 day redemption period where an HOA has sold property through a foreclosure sale? In my situatioon, the HOA foreclosure sale occurred on day 1, the Chapter 13 was filed on day 2, but title does not transfer to the new buyer until after the 90 redemption period afforded by CCP 729.035. In other words, can the debtor use the Chapter 13 to "redeem" the property over 5 years in accordance with a Chapter 13 plan??

The post was migrated from Yahoo.