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Evidence required to avoid a lien under 522(f) years =
No, the values are determined on the petition date of the original case. Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Thursday, October 22, 2015 11:31 AM, "'Steven B. Lever' sblever@leverlaw.com [cdcbaa]" wrote:
Sam; Usually a Trustee is not reappointed. The order to reopen often says that. Ill try and send it to you off baa@yahoogroups.com]
Sent: Thursday, October 22, 2015 11:15 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: Evidence required to avoid a lien under 522(f) years after discharge Just a thought here. We know that any increase in equity belongs to the estate until the case is closed. So, query, if you reopen a case to avoid a lien, isn't the new equity relevant? Since 522(a) indicates that the value of the property is generally determined as of the date of filing, the court has to use this valuation. However, the payoff amount is arguablynot subject to this constraint.In other words, if the mortgage has been paid down enough, the judgment may no longer impair the exemption. As an aside, I've always been fearful of a reopening somevery old cases for fear that the trustee may swoop in and claim an interest in the higher equity that has accrued - although I've neve
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