Does it make a difference if the funds were already transferred to the
creditor and not on hand with the Sheriff? Inside 90 days still.
On Tuesday, January 6, 2015, Nicholas Gebelt
ngebelt@gebeltlaw.com [cdcbaa]
wrote:
>
>
> Dear Holly,
>
>
>
> If the creditor has already taken the money, then you should use 522(g)
> and (h) to exempt the money and avoid the preference. On February 7, 2013
> I posted a response to a similar question you posed, and my post had a
> sample motion you can use if you get a judge who doesnt insist on an
> adversary proceeding. Take a look at it.
>
>
>
> All the best,
>
>
>
> Nick
>
>
>
> *Nicholas Gebelt*
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist
>
>
>
> [image: Description: Description: 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/
>
>
>
> *Important notice required by 11 U.S.C. 528:* We are a debt relief
> agency. We help people file for bankruptcy relief under the Bankruptcy Code.
>
>
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>
>
> *From:*
cdcbaa@yahoogroups.com
> [mailto:
>
cdcbaa@yahoogroups.com
> ]
> *Sent:* Tuesday, January 06, 2015 5:12 PM
> *To:* Strictly Bankruptcy Issues; cdcbaa
> *Subject:* [cdcbaa] Judgment lien v. "Execution" lien and avoidance
>
>
>
>
>
> It's my understanding that when a creditor obtains a judgment and then
> levies on cash in the debtor's bank account or cash held by a third party
> that belongs to the debtor that the debtor can file a motion to avoid the
> lien under 522(f) along with a motion for turnover (so long as a portion of
> the funds can be exempted) and recover the exempt funds. Am I wrong?
>
>
>
> Is the chapter 7 trustee able to recover such funds if an "execution lien"
> was created? In this case we'd like the trustee to get the money back but
> trustee says writ of execution creates a lien and trustee can do nothing to
> get those funds back because of the lien.
>
>
>
> I thought trustees could claw back all kinds of things. Help me here.
>
>
>
>
> --
>
> Holly Roark
>
> Certified Bankruptcy Specialist*
>
> *and Sports Lawyer*
>
>
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.**
>
>
>
>
>
>
>
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
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.**
Does it make a difference if the funds were already transferred to the creditor and not on hand with the Sheriff? Inside 90 days still.On Tuesday, January 6, 2015, Nicholas Gebelt
ngebelt@gebeltlaw.com [cdcbaa] <
cdcbaa@yahoogroups.com> wrote:
Dear Holly,
If the creditor has already taken the money, then you should use 522(g) and (h) to exempt the money and avoid the preference. On February 7, 2013 I posted
a response to a similar question you posed, and my post had a sample motion you can use if you get a judge who doesnt insist on an adversary proceeding. Take a look at it.
All the best,
Nick
Nicholas Gebelt
an>
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist
an>
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX::#1f497d">
Email:
The post was migrated from Yahoo.