Central District Consumer Bankruptcy Attorney's Association

Maria,
Is the trustee delaying payment of the funds until the debtor shows that there is a pending home purchase?Or is the trustee just putting you and the debtor on the notice that the trustee will monitor your debtor to see if there are any nonexempt funds left over after six months?
Thanks,
David Jacob, Esq.Information contained in this e-mail transmission may be privileged, confidential and covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521.If you are not the intended recipient, do not read, distribute, or reproduce this transmission. If you have received this e-mail transmission in error, please notify us immediately of the error by return email and please delete the message from your system. Pursuant to requirements related to practice before the U. S. Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the U. S. Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter. Thank you in advance for your cooperation.
ups.com>
To: cdcbaa@yahoogroups.com
Sent: Saturday, May 5, 2018 10:54 AM
Subject: [cdcbaa] Homestead exemptions
ried but only he files. The wife did not file.
The house is under the name of husband and wife as joint tenants. When he came in to file BK, I checked the house value online and noticed that the value of the house is kind of high. I asked client three times but client assured me that the internet estimated value is too high. Anyways, trustee did an Open House and now the house is sold. Client is okay as long as he gets his $100,000 homestead exemption. During the process, I had talked to trustee's attorney and they promised that client will get his $100,000 at the time of closing escrow. The motion for the sale of the house was confirmed within the last couple of days.
stee stating that unless client is re-investing the $100,000 into a new home, trustee is going to take the $100,000 as part of the bankruptcy estate.
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Larry:
You are so warm and fuzzy when you give advice.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Ph: 626-449-8433
Fax: 626-449-0565
Email: pat@fitzgreenlaw.com
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One more option is to convince the trustee he is intending to reinvest it. Then offer the trustee a little piece of the $100k in order to let that issue go. That may be what he/she is seeking.
Christie Cronenweth
Law Offices of Christie Cronenweth
25202 Crenshaw Blvd., Suite 207
Torrance, CA 90505
310-257-4995 ph
310-257-4996 fx
cronenwethlaw@yahoo.com
www.cronenwethlaw.com
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The information contained in this email message is legally privileged
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If you have received this email in error, please immediately notify us by
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The Law Offices of Christie Cronenweth is a debt relief agency engaged in the practice of aiding people to file for bankruptcy under the Bankruptcy Code.
> On Apr 5, 2018, at 6:56 PM, 'MARIA W. TAM' TAMMAILBOX@GMAIL.COM [cdcbaa] wrote:
>
> Fellow attorneys:
>
>
> I filed a Chapter 7 case for a client. He is married but only he files. The wife did not file.
> The house is under the name of husband and wife as joint tenants. When he came in to file BK, I checked the house value online and noticed that the value of the house is kind of high. I asked client three times but client assured me that the internet estimated value is too high. Anyways, trustee did an Open House and now the house is sold. Client is okay as long as he gets his $100,000 homestead exemption. During the process, I had talked to trustee's attorney and they promised that client will get his $100,000 at the time of closing escrow. The motion for the sale of the house was confirmed within the last couple of days.
>
> Now, all of a sudden, I received an email from the trustee stating that unless client is re-investing the $100,000 into a new home, trustee is going to take the $100,000 as part of the bankruptcy estate. Any suggestions or thoughts will be much appreciated. Thank you very much.
>

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This is a lesson about confirming conversation in writing.
Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225
Sent from my iPhone
> On May 5, 2018, at 10:55 AM, Larry Simons larry@lsimonslaw.com [cdcbaa] wrote:
>
> Contact your malpractice carrier
>
> Sent from my iPhone
>
> On May 5, 2018, at 10:54 AM, 'MARIA W. TAM' TAMMAILBOX@GMAIL.COM [cdcbaa] wrote:
>
>>
>> Fellow attorneys:
>>
>>
>> I filed a Chapter 7 case for a client. He is married but only he files. The wife did not file.
>> The house is under the name of husband and wife as joint tenants. When he came in to file BK, I checked the house value online and noticed that the value of the house is kind of high. I asked client three times but client assured me that the internet estimated value is too high. Anyways, trustee did an Open House and now the house is sold. Client is okay as long as he gets his $100,000 homestead exemption. During the process, I had talked to trustee's attorney and they promised that client will get his $100,000 at the time of closing escrow. The motion for the sale of the house was confirmed within the last couple of days.
>>
>> Now, all of a sudden, I received an email from the trustee stating that unless client is re-investing the $100,000 into a new home, trustee is going to take the $100,000 as part of the bankruptcy estate. Any suggestions or thoughts will be much appreciated. Thank you very much.
>
>

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Reply-To: "MARIA W. TAM"
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To: cdcbaa@yahoogroups.com
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Fellow attorneys:
I filed a Chapter 7 case for a client. He is married but only he
files. The wife did not file.
The house is under the name of husband and wife as joint tenants. When he
came in to file BK, I checked the house value online and noticed that the
value of the house is kind of high. I asked client three times but client
assured me that the internet estimated value is too high. Anyways, trustee
did an Open House and now the house is sold. Client is okay as long as he
gets his $100,000 homestead exemption. During the process, I had talked to
trustee's attorney and they promised that client will get his $100,000 at
the time of closing escrow. The motion for the sale of the house was
confirmed within the last couple of days.
Now, all of a sudden, I received an email from the trustee stating
that unless client is re-investing the $100,000 into a new home, trustee is
going to take the $100,000 as part of the bankruptcy estate. Any
suggestions or thoughts will be much appreciated. Thank you very much.
Fellow attorneys: I filed a Chapter 7 case for a client. He is married but only he files. The wife did not file.The house is under the name of husband and wife as joint tenants. When he came in to file BK, I checked the house value online and noticed that the value of the house is kind of high. I asked client three times but client assured me that the internet estimated value is too high. Anyways, trustee did an Open House and now the house is sold. Client is okay as long as he gets his $100,000 homestead exemption. During the process, I had talked to trustee's attorney and they promised that client will get his $100,000 at the time of closing escrow. The motion for the sale of the house was confirmed within the last couple of days.e stating that unless client is re-investing the $100,000 into a new home, trustee is going to take the $100,000 as part of the bankruptcy estate.ery much.

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