Timing of Home Valution in 11s
Posted: Tue Sep 11, 2012 2:16 pm
Judge can only find value as of date of appraisal, unless live testimony and testimony is value hasn't changed. As a result, have to try to get appraiser to say value isn't changing. I usually ask the appraiser to check comps and sign a new dec for confo if contested.
Sent from my iPhone
On Sep 11, 2012, at 12:58 PM, "Mark J. Markus" wrote:
> sorry Dennis...didn't mean to put a space in the word postpetition.
>
> On 9/11/2012 12:42 PM, Mark J. Markus wrote:
>> So when doing a 506 motion prior to confirmation, and you have a post petition (but preconfirmation) appraisal, what date do you ask the court to use the valuation? (e.g. do you say "we request the court establish the value of the property to be $X as of the anticipated confirmation date", or, "we request the court establish the value to be $X as of the date of the hearing of this motion", or...petition date....or ?)
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>> On 9/11/2012 10:52 AM, Dennis McGoldrick wrote:
>>> Judge Z wants an adversary, so did adversaries first and asked court to set values for all purposes in the case. (was not opposed, so got the ruling)
>>> Judge Robles let me strip 4 properties with a simple debtor's dec (no appraisals) at confo, when no objections received, he even waived appearances.
>>> Judge Donovan let me do motions prior to confo, again asked for valuations for all purposes, which "all purposes" request was denied, but plan confo was not contested so he let me use those values.
>>> Judge Tighe let me do motions prior to confo. Confo was contested, so in the end had to stip to split the difference in values to get by an expensive contested hearing, and get affirmative vote.
>>> None of the above judges enforced apr.
>>>
>>> The real rule is the valuation is to be set at confo. In fact there are cases that say there are three, maybe four valuations of property in an 11 and none are binding on the other, at status conf to show can reorg, at mtn for relief from stay, at ds hearing and at plan confo.
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>>> d
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>>> To: cdcbaa@yahoogroups.com
>>> Sent: Tuesday, September 11, 2012 9:40 AM
>>> Subject: Re: [cdcbaa] Timing of Home Valution in 11s
>>>
>>> Judge Riblet said time of plan confirmation.
>>> On Sep 11, 2012 9:37 AM, "Jeffrey S. Shinbrot" wrote:
>>>
>>> Folks, I am talking about the Absolute Priority Rule on Friday in Vegas (the ABI Conference) and wanted to get a quick feel for how different judges are handling the timing of home valuations in 11s as opposed to 13s. I am in a case where Judge Bluebond did it early in the individual chapter 11 case and is sticking with that value, but I have seen Judge Roblese as of the effective date of the chapter 11 plan.
>>>
>>> Do any of you have specific experience with how our local judges are timing these valuations that I may share on Friday at my panel presentation??
>>>
Of Dennis McGoldrick
>>> Sent: Friday, August 31, 2012 1:28 PM
>>> To: cdcbaa@yahoogroups.com
>>> Subject: [cdcbaa] Exemptions
>>>
>>>
>>>
>>>
>>> Read and weep. The Assembly concurred in the Senate amendments. The homestead will not increase.
>>>
>>> d
>>>
>>> AB 929 (Wieckowski): Debtor exemptions: bankruptcy.
>>>
>>> Yesterday's Actions
>>>
>>> Assembly Rule 77 suspended. (End location: Assembly Desk) Senate amendments concurred in. To Engrossing and Enrolling. (End location: Assembly Engrossing and Enrolling)
>>> Yesterday's Votes
>>>
>>> Assembly Floor:
>>> Motion: AB 929 WIECKOWSKI Concurrence in Senate Amendments
>>> 53-23 (PASS)
>>> --- .
>>>
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Judge can only find value as of date of appraisal, unless live testimony and testimony is value hasn't changed. As a result, have to try to get appraiser to say value isn't changing. I usually ask the appraiser to check comps and sign a new dec for confo if contested. Sent from my iPhoneOn Sep 11, 2012, at 12:58 PM, "Mark J. Markus" <bklawr@yahoo.com> wrote:
The post was migrated from Yahoo.