> It sounds like you need to move to reopen the case then file a motion to avoid the lien. You need evidence of the fair market value of the property AS OF THE PETITION DATE and evidence as to the amount of the liens at that time ( as well as the current balances). Some judges require an appraisal, some will go with a realtor opinion with comps. Some judges will let you date and serve the motion to avoid the lien before the case has been reopened, then file the lien avoidance motion as soon as the case is reopened and shortly thereafter file the declaration re: non opposition , and submit the order ( Judge Riblet usually lets this happen.) I think you should have a member nearest where your judge is walk you through this, and you do it. Someone has to pay for the filing fee to reopen the case and also for the appraisal. Since it was the client who didn't avoid the lien way back then, the client has to pay the legal fees, but nothing wrong with you getting paid from a later refi, especially if client agrees to let you make a demand directly on the loan or sale escrow. Chris Gautschi
> Date: 2004/07/19 Mon AM 11:30:39 EDT
> To:
cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Help
>
> To all;
>
> A client is seeking a refinance and, of course, a lien appears. The
> client filed a pro per Chapter 7 several years ago and listed the
> creditor but did not file a motion to have the lien avoided as
> impairing the homestead. Now, in order to refinance they must avoid
> the lien. Is anyone available to handle this now? Or can the
> members refer me to someone who can undertake this job? Payment will
> come through the refinance of the property.
>
>
> Thanks,
>
> David L. Candaux
>
> 818-990-5151
>
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>
> Yahoo! Groups Links
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