Chapter 13 case - I need to invalidate a trust and have the property
Posted: Wed Jul 30, 2014 11:13 am
Hotly contested case. Now in a chapter 13, converted from a 7. I need to
invalidate a trust and have the property titled in the rightful owner
(debtor) so she can take the homestead. Homestead is contested because the
house is titled in the name of a "business trust" and the argument against
the homestead is that the debtor only owns shares in the trust.
We want to record the transfer documents to put the house back into her
name, but I think we need an order invalidating the "business trust".
It seems this would be done as an AP rather than a motion as it's
esentially to determine the Debtor's interest in the property.
Does anyone have a sample of what such an action would look like, or
something similar?
Debtor is beneficiary and trustee of the trust, but NOT the trustor. The
trustor is a straw person who never owned the property that is the res of
the trust. The trust is a sham, but I need to prove all this and get the
house titled in the Debtor's name. We've declared the homestead, of course,
on schedule C, but have multiple parties objecting to it because of this
business trust.
Help! Need samples, even if they are from probate court or somewhere else.
I just need to invalidate this trust and show that the debtor is the
rightful owner. Thanks.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
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
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
Hotly contested case. Now in a chapter 13, converted from a 7. I need to invalidate a trust and have the property titled in the rightful owner (debtor) so she can take the homestead. Homestead is contested because the house is titled in the name of a "business trust" and the argument against the homestead is that the debtor only owns shares in the trust.
We want to record the transfer documents to put the house back into her name, but I think we need an order invalidating the "business trust". It seems this would be done as an AP rather than
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