Homestead
Posted: Thu May 02, 2013 12:12 pm
This was the case I was looking for that was cited in a recent CDCBAA MCLE.
Holly
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
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
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Thu, May 2, 2013 at 12:00 PM, Nicholas Gebelt wrote:
> **
>
>
> Dear Dennis,****
>
> ** **
>
> Oops. I read your fact pattern a little more closely and see that *In re
> Kuiken* is inapposite to your case because your client maintained
> continuous ownership in the property. Therefore, I agree that Joe has the
> best view on the question.****
>
> ** **
>
> Good luck,****
>
> ** **
>
> Nick****
>
> ** **
>
> Nicholas Gebelt, Ph.D., J.D.****
>
> Board Certified Bankruptcy Specialist****
>
> ** **
>
> [image: Description: cid:image003.jpg@01CC076B.B14D73C0]****
>
> ** **
>
> Law Offices of Nicholas Gebelt****
>
> 15150 Hornell Street****
>
> Whittier, CA 90604****
>
> Phone: 562.777.9159****
>
> FAX: 562.946.1365****
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com****
>
> Web: www.goodbye2debt.com****
>
> Blog: www.southerncaliforniabankruptcylawblog.com/****
>
> ** **
>
> *We are a debt relief agency. We help people file for bankruptcy relief
> under the Bankruptcy Code.*
>
> ** **
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> ***
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> ** **
>
> *From:* Nicholas Gebelt
> *Sent:* Thursday, May 02, 2013 11:51 AM
> *To:* cdcbaa@yahoogroups.com
> *Cc:* Nicholas Gebelt
> *Subject:* RE: [cdcbaa] Homestead****
>
> ** **
>
> Dear Dennis,****
>
> ** **
>
> I believe the BAP has answered your question: [W]e hold that because the
> debtor did not maintain a continuous interest in the property subject to
> the lien from the time the lien fixed until the petition date, *he is not
> entitled to avoid the lien* based on his homestead exemption. *In re
> Kuiken*, 484 BR 766, 767 (B.A.P. 9th Cir. 2013) (emphasis added)
> (available at:
> http://scholar.google.com/scholar_case? ... as_sdt2003
> ).****
>
> ** **
>
> All the best,****
>
> ** **
>
> Nick****
>
> ** **
>
> Nicholas Gebelt, Ph.D., J.D.****
>
> Board Certified Bankruptcy Specialist****
>
> ** **
>
> [image: Description: cid:image003.jpg@01CC076B.B14D73C0]****
>
> ** **
>
> Law Offices of Nicholas Gebelt****
>
> 15150 Hornell Street****
>
> Whittier, CA 90604****
>
> Phone: 562.777.9159****
>
> FAX: 562.946.1365****
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com****
>
> Web: www.goodbye2debt.com****
>
> Blog: www.southerncaliforniabankruptcylawblog.com/****
>
> ** **
>
> *We are a debt relief agency. We help people file for bankruptcy relief
> under the Bankruptcy Code.*
>
> ** **
>
> *Confidentiality Note*: This e-mail is intended only for the person or
> entity to which it is addressed and may contain information that is
> privileged, confidential, or otherwise protected from disclosure.
> Dissemination, distribution, or copying of this e-mail or the information
> herein by anyone other than the intended recipient, or an employee or agent
> responsible for delivering the message to the intended recipient, is
> prohibited. If you have received this e-mail in error, please notify us
> immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the
> original message and all copies.****
>
> ** **
>
> *Representation Note*: If you have not signed a contract of
> representation, the Law Offices of Nicholas Gebelt do not represent you,
> and this email does not contain any legal advice for you.****
>
> ** **
>
> *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.*
> ***
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *On Behalf Of *Dennis
> *Sent:* Wednesday, May 01, 2013 8:19 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Homestead****
>
> ** **
>
> ****
>
> The problem for the client is that he abandoned his homestead. He moved
> out and rented the property without filing a declared homestead. While out
> the cred filed an abstract. So question is, can debtor move back in and
> avoid a lien which preceded the 2nd claim of homestead. ****
>
> ** **
>
> Right now it appears Joe has given the best advice. ****
>
> ** **
>
> D
>
> Sent from my iPhone****
>
>
> On May 1, 2013, at 3:52 PM, Link Schrader
> wrote:****
>
> ****
>
> If the client is living in the home and owns the home, he is protected by
> the automatic homestead exemption even without recording a homestead
> declaration. The information below is taken from the Rutter Guide on
> California Bankruptcy: ****
>
> ****
>
> *California Nonbankruptcy Homestead Exemptions*****
>
> a. *Overview:* California's regular nonbankruptcy exemptions (Calif. CCP
> 704.010 et seq.
The post was migrated from Yahoo.