Help! 522(f) motions denied by Judge Kwan
Posted: Wed May 16, 2012 1:26 pm
Larry, can you send me the case number or case name for your Judge Kwan
case? The docs you attached won't open properly. Thank you!
Holly Roark
holly@roarklawoffices.com
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
On Tue, May 15, 2012 at 12:21 PM, Larry Webb wrote:
> **
>
>
> Holly,****
>
> ** **
>
> Judge Kwan just signed a 522(f) motion for me; the motion included
> certified copies of all recorded documents, copies of loan statements with
> a client declaration and a full appraisal with appraisers declaration. I
> told the clients they could hire an appraiser or live with the lien, they
> paid the appraiser. ****
>
> ** **
>
> ** **
>
> ** **
>
> Best regards****
>
> ** **
>
> ** **
>
> Larry Webb****
>
> State Bar of California 229344****
>
> Central District California****
>
> "A Debt Relief Agency"****
>
> ** **
>
> Larry@webbklaw. com****
>
> Law Offices of Larry Webb****
>
> 484 Mobil Ste 43****
>
> Camarillo Ca 93010****
>
> ** **
>
> P 805.987.1400****
>
> F 805.987.2866****
>
> C 805.750.2150****
>
> ** **
>
> ** **
>
> ** **
>
> ** **
>
> ** **
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Holly Roark
> *Sent:* Tuesday, May 15, 2012 11:56 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Help! 522(f) motions denied by Judge Kwan****
>
> ** **
>
> ****
>
> Is a Broker Price Opinion sufficient evidence of value for a 522(f) Motion
> or do I absolutely need an appraisal? BPOs are obviously a lot cheaper
> than Appraisals.
>
>
>
>
> ****
>
> Holly Roark****
>
> holly@roarklawoffices.com****
>
> 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****
>
> ****
>
>
>
> ****
>
> On Tue, May 15, 2012 at 10:32 AM, Holly Roark
> wrote:****
>
> Sale pending. Buyers may walk.****
>
>
>
> ****
>
> Holly Roark****
>
> holly@roarklawoffices.com****
>
> 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****
>
> ****
>
>
>
> ****
>
> On Tue, May 15, 2012 at 10:29 AM, Kirk Brennan
> wrote:****
>
> ****
>
> Why the tight deadline? ****
>
> ** **
>
> On Tue, May 15, 2012 at 10:23 AM, Holly Roark
> wrote:****
>
> ****
>
> I am under the gun here. Judge Kwan denied two of my 522(f) motions. I
> prepared them the exact same way I have always prepared these motions in
> the past (and obtained successful results), but apparently Judge Kwan needs
> more evidence than the Debtor's Declaration with certain schedules attached.
>
> Judge Kwan wants:****
>
> 1) Recorded trust deeds from the senior lien holders (admissions in
> debtor's schedules not sufficient) ****
>
> 2) Admissible evidence showing the amounts owed on those loans (admissions
> in debtor's schedules not sufficient) ****
>
> 3) Appraisals or Broker Price Opinion on the properties - he is not
> satisfied with the Debtor's own testimony and admissions as to the value of
> the Property, despite the fact that under Evidence Code section 813(a)(2)
> the Debtor is competent to testify as to the value of her own property. *
> ***
>
>
> I have to get favorable orders by May 25. My question to my colleagues
> is, do I file an emergency motion to avoid liens (is that even possible)
> with the evidence he is looking for, or do I file a motion to reconsider,
> and attach the further evidence to that? Procedurally what is the best way
> to get what I want by May 25? Any dockets you can point me to where you
> have done this would be greatly appreciated!
>
>
> ****
>
> Holly Roark****
>
> holly@roarklawoffices.com****
>
> 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****
>
> ****
>
> ** **
>
>
>
> ****
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director. ****
>
> ** **
>
> ** **
>
> ****
>
>
>
Larry, can you send me the case number or case name for your Judge Kwan case? The docs you attached won't open properly. Thank you!Holly Roark
holly@roarklawoffices.com
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
On Tue, May 15, 2012 at 12:21 PM, Larry Webb <larry@webbklaw.com> wrote:
Holly,
The post was migrated from Yahoo.