Central District Consumer Bankruptcy Attorney's Association

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We've covered this same identical issue on this list serv before. Amend
schedule C to exempt $100 using the homestead exemption, then file your
522(f) motion.
If you file your motion and it gets denied because you forgot to amend
schedule C, amend schedule C, then you can file a motion for reconsideration
if you don't want to file a brand new motion. I have done this successfully
with Judge Robles.
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Judge Carroll handles the 522(f) motions the same way as Judge Riblet. You need to exempt a de minimis amount on Schedule C first and then he will
grant the motion.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 5/13/2014 10:20:31 A.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Didn't lose the case (thanks for sending it), but I'm looking for
information on the judge and how he handles this sort of thing.
Once bitten, twice very shy ...
On Tue, May 13, 2014 at 9:38 AM, 'Mark J. Markus' _bklawr@yahoo.com_
(mailto:bklawr@yahoo.com) [cdcbaa] wrote:
Did you lose the case I sent you previously?
In re Higgins, 201 B.R. 965 (9th Cir. BAP 1996)
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
_(818)509-1173_ (tel:(818)509-1173) _(818)509-1460_ (tel:(818)509-1460) (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board ofLegal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law office
of Mark J. Markus that may be privileged. The information is intended forthe use of the addressee only. If you are not the addressee, note that anydisclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed bythe IRS, we inform you that any U.S. tax advice contained in this
communication (or in any attachment) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another partyany transaction or matter addressed in this communication.
On 5/13/2014 9:17 AM, Jay Fleischman _bankruptcy@gmail.com_
(mailto:bankruptcy@gmail.com) [cdcbaa] wrote:
Folks, I need help.
I've got a motion to avoid a judgment lien on a $600k property in a
reopened Chapter 7 case in Santa Barbara. First mortgage is $724k.
There's a second for $207k. Judgment lien is $47k.
Clearly, there's no equity even taking the judgment lien out of the
equation.
Judge Riblet denied the motion to avoid the judgment lien because no
exemption was taken. Which is because there was no equity to exempt.
In my former life, this would never have been an issue. No equity,
motion granted.
Now that Judge Riblet is gone, we've got Judge Carroll and I'm on the
verge of making the motion yet again - this time, I'm trying to figure
out how to take an exemption where there's NO EQUITY to exempt.
Can someone provide some guidance, on the equity issue as well as a
sense of how Judge Carroll approaches this fact pattern?
Thanks.
-------------
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people get smart solutions to their bill problems.
_http://www.ConsumerHelpCentral.com_ (http://www.consumerhelpcentral.com/) 556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
T: _626-808-4343 x704_ (tel:626-808-4343%20x704)
E: _jay@sflawca.com_ (mailto:jay@sflawca.com)
Email isn't secure, so it's not confidential. By communicating with
me by email, you understand that it's not confidential.
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Reply-To: Gaurav Datta
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To: cdcbaa@yahoogroups.com
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Claim $100 in exemptions. I had the same problem in front of Judge Carol due to no exemption listed on schedule C and I came back with $100 exemption and the motion was granted. I do this for all my cases now and it works universally in CDCA in my experience.
Sent from my iPhone
> On May 13, 2014, at 9:17 AM, "Jay Fleischman bankruptcy@gmail.com [cdcbaa]" wrote:
>
> Folks, I need help.
>
> I've got a motion to avoid a judgment lien on a $600k property in a
> reopened Chapter 7 case in Santa Barbara. First mortgage is $724k.
> There's a second for $207k. Judgment lien is $47k.
>
> Clearly, there's no equity even taking the judgment lien out of the equation.
>
> Judge Riblet denied the motion to avoid the judgment lien because no
> exemption was taken. Which is because there was no equity to exempt.
>
> In my former life, this would never have been an issue. No equity,
> motion granted.
>
> Now that Judge Riblet is gone, we've got Judge Carroll and I'm on the
> verge of making the motion yet again - this time, I'm trying to figure
> out how to take an exemption where there's NO EQUITY to exempt.
>
> Can someone provide some guidance, on the equity issue as well as a
> sense of how Judge Carroll approaches this fact pattern?
>
> Thanks.
>
> -------------
> Jay S. Fleischman, Esq.
> Shaev & Fleischman, LLP
>
> I help people get smart solutions to their bill problems.
>
> http://www.ConsumerHelpCentral.com
>
> 556 S Fair Oaks Ave Ste 101-152
> Pasadena CA 91105-2656
>
> T: 626-808-4343 x704
> E: jay@sflawca.com
>
> Email isn't secure, so it's not confidential. By communicating with
> me by email, you understand that it's not confidential.
>

The post was migrated from Yahoo.

Didn't lose the case (thanks for sending it), but I'm looking for
information on the judge and how he handles this sort of thing.
Once bitten, twice very shy ...
On Tue, May 13, 2014 at 9:38 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa]
wrote:
>
>
> Did you lose the case I sent you previously?
>
> In re Higgins, 201 B.R. 965 (9th Cir. BAP 1996)
>
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be used,
> and cannot be used, 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 in this communication.
> On 5/13/2014 9:17 AM, Jay Fleischman bankruptcy@gmail.com [cdcbaa] wrote:
>
> Folks, I need help.
>
> I've got a motion to avoid a judgment lien on a $600k property in a
> reopened Chapter 7 case in Santa Barbara. First mortgage is $724k.
> There's a second for $207k. Judgment lien is $47k.
>
> Clearly, there's no equity even taking the judgment lien out of the equation.
>
> Judge Riblet denied the motion to avoid the judgment lien because no
> exemption was taken. Which is because there was no equity to exempt.
>
> In my former life, this would never have been an issue. No equity,
> motion granted.
>
> Now that Judge Riblet is gone, we've got Judge Carroll and I'm on the
> verge of making the motion yet again - this time, I'm trying to figure
> out how to take an exemption where there's NO EQUITY to exempt.
>
> Can someone provide some guidance, on the equity issue as well as a
> sense of how Judge Carroll approaches this fact pattern?
>
> Thanks.
>
> -------------
> Jay S. Fleischman, Esq.
> Shaev & Fleischman, LLP
>
> I help people get smart solutions to their bill problems.
> http://www.ConsumerHelpCentral.com
>
> 556 S Fair Oaks Ave Ste 101-152
> Pasadena CA 91105-2656
>
> T: 626-808-4343 x704
> E: jay@sflawca.com
>
>
> Email isn't secure, so it's not confidential. By communicating with
> me by email, you understand that it's not confidential.
>
>
> ------------------------------------
>
> Yahoo Groups Links
>
>
>
>
>
>

The post was migrated from Yahoo.

Folks, I need help.
I've got a motion to avoid a judgment lien on a $600k property in a
reopened Chapter 7 case in Santa Barbara. First mortgage is $724k.
There's a second for $207k. Judgment lien is $47k.
Clearly, there's no equity even taking the judgment lien out of the equation.
Judge Riblet denied the motion to avoid the judgment lien because no
exemption was taken. Which is because there was no equity to exempt.
In my former life, this would never have been an issue. No equity,
motion granted.
Now that Judge Riblet is gone, we've got Judge Carroll and I'm on the
verge of making the motion yet again - this time, I'm trying to figure
out how to take an exemption where there's NO EQUITY to exempt.
Can someone provide some guidance, on the equity issue as well as a
sense of how Judge Carroll approaches this fact pattern?
Thanks.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people get smart solutions to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with
me by email, you understand that it's not confidential.

The post was migrated from Yahoo.