Can Ch 7 Trustee keep a case open to try and obta=
Posted: Wed Jul 02, 2014 11:12 pm
The language you are thinking of came from the Jacobson case dealing with reinvestment of the homestead exemption
Sent from my iPhone
On Jul 2, 2014, at 10:12 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" wrote:
I think if you're looking for a case where the Trustee held open for a long time, you're looking for this one: In re Gebhart, 621 F. 3d 1206 - Court of Appeals, 9th Circuit 2010
I feel like there is one other case, where the court said something like, "In theory, it's possible for the Trustee to keep a case open indefinitely but we can't speculate on theory." something like that. But I can't find it. The above case comes pretty close though.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Wed, Jul 2, 2014 at 8:47 PM, 'Leventhal Law Group, P.C.' law@3yl.com [cdcbaa] wrote:
There was a case from the US Supreme Court on that issue a few years ago. John H.... I am sure knows the cite.
Motion to abandon. I can provide a sample. I have done a few of them.
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
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aa]"
Date:07/02/2014 8:30 PM (GMT-08:00)
To: ""
Subject: Re: [cdcbaa] Re: Can Ch 7 Trustee keep a case open to try and obtain appreciation in equity of home price
Try in re Viet Vu for the premise that appreciation of the value of the asset belongs to the estate. File a motion to compel abandonment otherwise
Sent from my iPad
On Jul 2, 2014, at 8:25 PM, "hjcanning@gmail.com [cdcbaa]" wrote:
Can someone cite a case that says the trustee can hold open the case in the hopes that assets will increase in value? I've been searching Google Scholar to no avail.
The language you are thinking of came from the Jacobson case dealing with reinvestment of the homestead exemption
Sent from my iPhone
On Jul 2, 2014, at 10:12 PM, "Michael Avanesian
michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
I think if you're looking for a case where the Trustee held open for a long time, you're looking for this one: In re Gebhart, 621 F. 3d 1206 - Court of Appeals, 9th Circuit 2010
I feel like there is one other case, where the court said something like, "In theory, it's possible for the Trustee to keep a case open indefinitely but we can't speculate on theory." something like that. But I can't find it. The above case comes pretty
close though.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Wed, Jul 2, 2014 at 8:47 PM, 'Leventhal Law Group, P.C.'
law@3yl.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
There was a case from the US Supreme Court on that issue a few years ago. John H.... I am sure knows the cite.
Motion to abandon. I can provide a sample. I have done a few of them.
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited.
If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
-------- Original message --------
t"_blank">larry@lsimonslaw.com [cdcbaa]"
Date:07/02/2014 8:30 PM (GMT-08:00)
To: ""
Subject: Re: [cdcbaa] Re: Can Ch 7 Trustee keep a case open to try and obtain appreciation in equity of home price
Try in re Viet Vu for the premise that appreciation of the value of the asset belongs to the estate. File a motion to compel abandonment otherwise
Sent from my iPad
On Jul 2, 2014, at 8:25 PM, "hjcanning@gmail.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
Can someone cite a case that says the trustee can hold open the case in the hopes that assets will increase in value? I've been searching Google Scholar to no avail.
The post was migrated from Yahoo.