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Referral for an attorney that specializes in BAP or bankruptcy appeal work
Value of property isn't considered in Chapter 13 real property relief from stay, only the status of payments to the secured lender.
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 Wednesday, April 23, 2014 9:11 AM, "bradweillaw@yahoo.com" wrote:
Dear List-mates
I am a solo who mainly does Chapter 7 and 13 work. I have never done an appeal. I recently had a client that for reasons I can discuss offline I did an evidence hearing on a motion for relief from stay in front of judge Brand. We lost and the motion was granted under 362(d)(1). ve paid her first mortgage in full and they foreclosed on her anyway. led the Motion for relief from stay. My client wants to appeal the order granting stay relief. She might have a good appeal case because Judge Brand refused to consider the value of the property when making the decision. The property has substantial non exempt equity and this is a 100% plan with a 2nd mortgage paid in full through the plan.
I am looking for an appellate attorney who regularly practices in front of the BAP. I did request that the 14 day stay not be waived and that request was granted. The 14 day stay pending appeal ends on Friday April 25th. I know she needs to file a Notice of Appeal and a request for stay pending appeal but beyond that I do not have any practical knowledge of what to do or what to tell her to do. I would be wiling to work with someone or let them take it themselves. She is current on her plan payments and I am still her bankruptcy attorney so that wont change but I need someone willing to be her appellate attorney.
Please respond with suggestions that I can forward to her either on the list-serve or to my email brad@bradweillaw.com or call my office at (310) 515-7799
Thank you in advance for the suggestions.
The post was migrated from Yahoo.