Serving senior liens with a 522(f) Motion
Posted: Fri Feb 13, 2015 1:58 pm
I don't know what the rationale is but the reason I say you need to serve
all lien holders is LBR 4003-2(c)(2) which says, "The motion, notice, and
supporting documents also must be served on any other holder of a lien or
encumbrance against the subject property."
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
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On Fri, Feb 13, 2015 at 1:16 PM, Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
> Typically I play it safe but when you are talking about serving a 90
> page document and spending an extra $150.00 in postage and ink costs for
> overkill service it can add up to a waste of dollars. But I suppose it will
> cost more to re-do the whole thing when the motion gets denied. I found
> some guidelines for Northern District CA that say you only have to serve
> the affected party when serving a 506(d) motion but I am not going to rely
> on that for Central District.
>
>
>
> What is the rationale behind serving the unaffected parties? Is it merely
> because they have an interest in the property and have a right to know what
> is going on with it?
>
>
>
>
>
> [image: New Professional Pic2]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Phone: 855-378-4080 *
>
> *Fax: 562-249-8435 *
>
> [image: PetitionPartnD05bR08aP01ZL-Madison8a]
>
>
> [image: http://pcmweb.net/devglobal/emaildev/eB ... img/fb.png]
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>
>
>
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Friday, February 13, 2015 12:49 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Serving senior liens with a 522(f) Motion
>
>
>
>
>
> I concur with Michael. Dont find out the hard way like somebody I know
> did.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Friday, February 13, 2015 11:40 AM
> *To:* CDCBAA List Serve
> *Subject:* Re: [cdcbaa] Serving senior liens with a 522(f) Motion
>
>
>
>
>
> You have to serve all lien holders and also comply with 7004(h) if they
> are FDIC insured depositories.
>
>
>
>
> Sincerely,
>
>
>
>
> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
>
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> 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.
>
>
>
> On Fri, Feb 13, 2015 at 11:34 AM, Shannon Doyle
> sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
>
> A first mortgage is unaffected by a 522(f) motion to avoid judicial lien
> but are you still required to serve a first mortgage with the motion (for
> whatever reason we do it in a 506(d) motion)? If so, must service comply
> with Rule 7004 (for the first mortgage)? I know I have to comply with Rule
> 7004 when serving the judicial lien holder.
>
>
>
> [image: New Professional Pic2]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Phone: 855-378-4080 *
>
> *Fax: 562-249-8435 *
>
> [image: PetitionPartnD05bR08aP01ZL-Madison8a]
>
>
> [image: http://pcmweb.net/devglobal/emaildev/eB ... img/fb.png]
> [image:
> http://pcmweb.net/devglobal/emaildev/eB ... witter.png]
> [image:
> http://pcmweb.net/devglobal/emaildev/eB ... google.png]
> [image:
> http://pcmweb.net/devglobal/emaildev/eB ... nkedin.png]
> [image:
> http://pcmweb.net/devglobal/emaildev/eB ... /email.png]
>
>
>
>
>
>
>
>
>
>
I don't know what the rationale is but the reason I say you need to serve all lien holders is LBR 4003-2(c)(2) which says, "The motion, notice, and supporting documents also must be served on any other holder of a lien or encumbrance against the subject property."Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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.
On Fri, Feb 13, 2015 at 1:16 PM, Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Typically I play it safe but when you are talking about serving a 90 page document and spending an extra $150.00 in postage and ink costs for overkill service
it can add up to a waste of dollars. But I suppose it will cost more to re-do the whole thing when the motion gets denied. I found some guidelines for Northern District CA that say you only have to serve the affected party when serving a 506(d) motion but
I am not going to rely on that for Central District.
The post was migrated from Yahoo.