Central District Consumer Bankruptcy Attorney's Association

Thanks to everyone who chimed in. I had no idea that lien avoidance was so
complicated, and I'm very surprised I haven't had this issue come up
before.
John D. Faucher
Faucher & Associates
*818/889-8080*
On Mon, Jul 29, 2013 at 10:04 PM, cdcbaa wrote:
> **
>
>
> John:
>
> I would quote an hourly rate. It is unlikely a seven figure preference
> would go unopposed. Get $5,000 at least, and put into the retainer that 5k
> is a minimum and the fee will likely be many times the retainer.
>
> d
>
> Sent from my iPad
>
> On Jul 29, 2013, at 9:03 AM, "Leventhal Law Group, P.C."
> wrote:
>
>
>
> I would think about charging more. I would think the other side would not sit still while you attack a seven figure lien.
>
> Jonathan D. Leventhal, Esq.
> Leventhal Law Group, P. C.818.347.5800
>
>
> ----- Original Message -----
> To: "cdcbaa@yahoogroups.com"
> Sent: 07/29/2013 8:18 AM
> Subject: [cdcbaa] Avoiding lien as a preference
>
>
>
>
>
> Hello all:
> My client is filing bankruptcy this week because of a $1 million judgment
> abstracted in June 2013. I'm going to charge another $1,000 to avoid the
> lien as a preference. I've reviewed the statute and Rutter, and it seems
> very easy.
> Yet I am hesitant, because I've never done this and don't have any
> personal knowledge of it being done. All the discussions on the listserve
> concentrate on stripping off and cramming down liens under 506 and 522.
> And I recently reviewed a case where a top-notch practitioner reopened a
> case for the purpose of avoiding a lien; the practitioner attempted to
> avoid the lien as a 522f impairment of exemption, instead of a preferential
> transfer within the last 90 days, got denied, and went away.
> Is there any reason - any Rumsfeldian unknown I don't know about - that I
> can't avoid this judgment lien as a preference?
>
> John D. Faucher
> Faucher & Associates
> *818/889-8080*
>
>
>
Thanks to everyone who chimed in. I had no idea that lien avoidance was so complicated, and I'm very surprised I haven't had this issue come up before.
John D. Faucher
Faucher & Associates818/889-8080
On Mon, Jul 29, 2013 at 10:04 PM, cdcbaa <cdcbaamailbox@gmail.com> wrote:j.d.faucher@sbcglobal.net>
To: "cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com>
Sent: 07/29/2013 8:18 AM
Subject: [cdcbaa] Avoiding lien as a preference
Hello all:
My client is filing bankruptcy this week because of a $1 million judgment abstracted in June 2013. I'm going to charge another $1,000 to avoid the lien as a preference. I've reviewed the statute and Rutter, and it seems very easy.

The post was migrated from Yahoo.

John:
I would quote an hourly rate. It is unlikely a seven figure preference would go unopposed. Get $5,000 at least, and put into the retainer that 5k is a minimum and the fee will likely be many times the retainer.
d
Sent from my iPad
On Jul 29, 2013, at 9:03 AM, "Leventhal Law Group, P.C." wrote:
> I would think about charging more. I would think the other side would not sit still while you attack a seven figure lien.
>
> Jonathan D. Leventhal, Esq.
> Leventhal Law Group, P. C.
> 818.347.5800
>
>
> ----- Original Message -----
> To: "cdcbaa@yahoogroups.com"
> Sent: 07/29/2013 8:18 AM
> Subject: [cdcbaa] Avoiding lien as a preference
>
>
>
> Hello all:
> My client is filing bankruptcy this week because of a $1 million judgment abstracted in June 2013. I'm going to charge another $1,000 to avoid the lien as a preference. I've reviewed the statute and Rutter, and it seems very easy.
> Yet I am hesitant, because I've never done this and don't have any personal knowledge of it being done. All the discussions on the listserve concentrate on stripping off and cramming down liens under 506 and 522. And I recently reviewed a case where a top-notch practitioner reopened a case for the purpose of avoiding a lien; the practitioner attempted to avoid the lien as a 522f impairment of exemption, instead of a preferential transfer within the last 90 days, got denied, and went away.
> Is there any reason - any Rumsfeldian unknown I don't know about - that I can't avoid this judgment lien as a preference?
>
> John D. Faucher
> Faucher & Associates
> 818/889-8080
>

The post was migrated from Yahoo.

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I usually file a complaint to avoid the preference and avoid the lien. The chapter 7 trustee is included as an involuntary plaintiff.

Stella
2013 10:04 AM To: cdcbaa@yahoogroups.com Subject: Re: [cdcbaa] Avoiding lien as a preference John:What Chapter? If it is a Chapter 7 you can only avoid a preferential transfer if the Chapter 7 Trustee does not and only to the extent that it is exempt. See Section 522(g)-(j). A 522(f) motion is probably the easiest way to proceed from a practical standpoint in a Chapter 7.Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805) 497-5864 (Facsimile)In a message dated 7/29/2013 8:19:14 A.M. Pacific Daylight Time, j.d.faucher@sbcglobal.net writes:Hello all: My client is filing bankruptcy this week because of a $1 million judgment abstracted in June 2013. I'm going to charge another $1,000 to avoid the lien as a preference. I've reviewed the statute and Rutter, and it seems very easy. Yet I am hesitant, because I've never done this and don't have any personal knowledge of it being done. All the discussions on the listserve concentrate on stripping off and cramming down liens under 506 and 522. And I recently reviewed a case where a top-notch practitioner reopened a case for the purpose of avoiding a lien; the practitioner attempted to avoid the lien as a 522f impairment of exemption, instead of a preferential transfer within the last 90 days, got denied, and went away. Is there any reason - any Rumsfeldian unknown I don't know about - that I can't avoid this judgment lien as a preference? John D. Faucher Faucher & Associates818/889-8080

The post was migrated from Yahoo.

John:
What Chapter? If it is a Chapter 7 you can only avoid a preferential
transfer if the Chapter 7 Trustee does not and only to the extent that it is
exempt. See Section 522(g)-(j). A 522(f) motion is probably the easiest way
to proceed from a practical standpoint in a Chapter 7.
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 7/29/2013 8:19:14 A.M. Pacific Daylight Time,
j.d.faucher@sbcglobal.net writes:
Hello all:
My client is filing bankruptcy this week because of a $1 million judgmentabstracted in June 2013. I'm going to charge another $1,000 to avoid thelien as a preference. I've reviewed the statute and Rutter, and it seemsvery easy.
Yet I am hesitant, because I've never done this and don't have any
personal knowledge of it being done. All the discussions on the listserveconcentrate on stripping off and cramming down liens under 506 and 522. And I
recently reviewed a case where a top-notch practitioner reopened a case for
the purpose of avoiding a lien; the practitioner attempted to avoid the lien
as a 522f impairment of exemption, instead of a preferential transfer
within the last 90 days, got denied, and went away.
Is there any reason - any Rumsfeldian unknown I don't know about - that Ican't avoid this judgment lien as a preference?
John D. Faucher
Faucher & Associates
818/889-8080
John:

What Chapter? If it is a Chapter 7 you can only avoid a
preferential transfer if the Chapter 7 Trustee does not and only to the extent
that it is exempt. See Section 522(g)-(j). A 522(f) motion is
probably the easiest way to proceed from a practical standpoint in a Chapter
7.

Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)

In a message dated 7/29/2013 8:19:14 A.M. Pacific Daylight Time,
j.d.faucher@sbcglobal.net writes:




Hello all:
My client is filing bankruptcy this week because of a $1
million judgment abstracted in June 2013. I'm going to charge another
$1,000 to avoid the lien as a preference. I've reviewed the statute and
Rutter, and it seems very easy.
Yet I am hesitant, because I've never done this and don't
have any personal knowledge of it being done. All the discussions on the
listserve concentrate on stripping off and cramming down liens under 506 and
522. And I recently reviewed a case where a top-notch practitioner reopened a case for the purpose of avoiding a lien; the practitioner attempted
to avoid the lien as a 522f impairment of exemption, instead of a preferential
transfer within the last 90 days, got denied, and went away.
Is there any reason - any Rumsfeldian unknown I don't know
about - that I can't avoid this judgment lien as a preference?

John
D. Faucher
Faucher & Associates
818/889-8080

The post was migrated from Yahoo.

I would think about charging more. I would think the other side would not sit still while you attack a seven figure lien.
Jonathan D. Leventhal, Esq.
Leventhal Law Group, P. C.
818.347.5800
To: "cdcbaa@yahoogroups.com"
Sent: 07/29/2013 8:18 AM
Subject: [cdcbaa] Avoiding lien as a preference
Hello all:
My client is filing bankruptcy this week because of a $1 million judgment abstracted in June 2013. I'm going to charge another $1,000 to avoid the lien as a preference. I've reviewed the statute and Rutter, and it seems very easy.
Yet I am hesitant, because I've never done this and don't have any personal knowledge of it being done. All the discussions on the listserve concentrate on stripping off and cramming down liens under 506 and 522. And I recently reviewed a case where a top-notch practitioner reopened a case for the purpose of avoiding a lien; the practitioner attempted to avoid the lien as a 522f impairment of exemption, instead of a preferential transfer within the last 90 days, got denied, and went away.
Is there any reason - any Rumsfeldian unknown I don't know about - that I can't avoid this judgment lien as a preference?
John D. Faucher
Faucher & Associates
818/889-8080
I would think about charging more. I would think the other side would not sit still while you attack a seven figure lien.
Jonathan D. Leventhal, Esq.
Leventhal Law Group, P. C.
818.347.5800
To: "cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com>
Sent: 07/29/2013 8:18 AM
Subject: [cdcbaa] Avoiding lien as a preference

Hello all:
My client is filing bankruptcy this week because of a $1 million judgment abstracted in June 2013. I'm going to charge another $1,000 to avoid the lien as a preference. I've reviewed the statute and Rutter, and it seems very easy.
Yet I am hesitant, because I've never done this and don't have any personal knowledge of it being done. All the discussions on the listserve concentrate on stripping off and cramming down liens under 506 and 522. And I recently reviewed a case where a top-notch
practitioner reopened a case for the purpose of avoiding a lien; the practitioner attempted to avoid the lien as a 522f impairment of exemption, instead of a preferential transfer within the last 90 days, got denied, and went away.
Is there any reason - any Rumsfeldian unknown I don't know about - that I can't avoid this judgment lien as a preference?
John D. Faucher
Faucher & Associates
818/889-8080

The post was migrated from Yahoo.

Hello all:
My client is filing bankruptcy this week because of a $1 million judgment
abstracted in June 2013. I'm going to charge another $1,000 to avoid the
lien as a preference. I've reviewed the statute and Rutter, and it seems
very easy.
Yet I am hesitant, because I've never done this and don't have any personal
knowledge of it being done. All the discussions on the listserve
concentrate on stripping off and cramming down liens under 506 and 522.
And I recently reviewed a case where a top-notch practitioner reopened a
case for the purpose of avoiding a lien; the practitioner attempted to
avoid the lien as a 522f impairment of exemption, instead of a preferential
transfer within the last 90 days, got denied, and went away.
Is there any reason - any Rumsfeldian unknown I don't know about - that I
can't avoid this judgment lien as a preference?
John D. Faucher
Faucher & Associates
*818/889-8080*
Hello all:My client is filing bankruptcy this week because of a $1 million judgment abstracted in June 2013. I'm going to charge another $1,000 to avoid the lien as a preference. I've reviewed the statute and Rutter, and it seems very easy.

The post was migrated from Yahoo.