Central District Consumer Bankruptcy Attorney's Association

Not if the debtor agrees to kick back some of their homestead exemption.
On 7/2/2016 10:55 AM, 'Wesley H. Avery' wavery@rpmlaw.com [cdcbaa]
wrote:
>
>
> In that event wouldn't the estate get nothing?
>
> Sent from my iPhone
>
> On Jul 2, 2016, at 10:06, 'Mark J. Markus' bklawr@yahoo.com
> [cdcbaa] > wrote:
>
>> Can the debtor get the Trustee to (seek to) sell under 363 free
>> and clear of liens, and then do the 522f motion?
>>
>> On 7/2/2016 9:54 AM, Larry Simons larry@lsimonslaw.com [cdcbaa]
>> wrote:
>>> Mark,
>>>
>>> If the debtor"s property is sold, most likely the lien will have
>>> been paid through escrow before the net proceeds are tendered to
>>> the trustee
>>>
>>> Sent from my iPhone
>>>
>>> On Jul 2, 2016, at 9:41 AM, 'Mark J. Markus' bklawr@yahoo.com
>>> [cdcbaa] >> > wrote:
>>>
>>>>
>>>>
>>>> Let's say hypothetically a Chapter 7 Trustee sells debtor's
>>>> property and proceeds are deposited into the Trustee's account.
>>>>
>>>> Debtor takes (or amends to take) their homestead exemption and
>>>> it is for a sufficient amount such that a judgment lien against
>>>> the property could be removed under 522(f).
>>>>
>>>> Can the debtor still seek to avoid the lien at that point so
>>>> they can get more of their homestead exemption paid from the
>>>> proceeds by the Trustee?
>>>>
>>>> Seems like they should be able to, but just want to be sure.
>>>>
>>>> Happy 4th!
>>>>
>>>> --
>>>>
>>>> *************************
>>>> 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)332-1180 (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.
>>
>>
>>
>> --
>>
>> *************************
>> 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)332-1180 (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.
>
>
>
*************************
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)332-1180 (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.

The post was migrated from Yahoo.

In that event wouldn't the estate get nothing?
Sent from my iPhone
On Jul 2, 2016, at 10:06, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
Can the debtor get the Trustee to (seek to) sell under 363 free and clear of liens, and then do the 522f motion?
On 7/2/2016 9:54 AM, Larry Simons larry@lsimonslaw.com [cdcbaa] wrote:
Mark,
If the debtor"s property is sold, most likely the lien will have been paid through escrow before the net proceeds are tendered to the trustee
Sent from my iPhone
On Jul 2, 2016, at 9:41 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
Let's say hypothetically a Chapter 7 Trustee sells debtor's property and proceeds are deposited into the Trustee's account.
Debtor takes (or amends to take) their homestead exemption and it is for a sufficient amount such that a judgment lien against the property could be removed under 522(f).
Can the debtor still seek to avoid the lien at that point so they can get more of their homestead exemption paid from the proceeds by the Trustee?
Seems like they should be able to, but just want to be sure.
Happy 4th!
*************************
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)332-1180 (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.
*************************
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)332-1180 (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.
In that event wouldn't the estate get nothing?
Sent from my iPhone
On Jul 2, 2016, at 10:06, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:

Can the debtor get the Trustee to (seek to) sell under 363 free and clear of liens, and then do the 522f motion?
On 7/2/2016 9:54 AM, Larry Simons
larry@lsimonslaw.com [cdcbaa] wrote:
Mark,
If the debtor"s property is sold, most likely the lien will have been paid through escrow before the net proceeds are tendered to the trustee
Sent from my iPhone
On Jul 2, 2016, at 9:41 AM, 'Mark J. Markus'
bklawr@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:

Let's say hypothetically a Chapter 7 Trustee sells debtor's property and proceeds are deposited into the Trustee's account.
Debtor takes (or amends to take) their homestead exemption and it is for a sufficient amount such that a judgment lien against the property could be removed under 522(f).
Can the debtor still seek to avoid the lien at that point so they can get more of their homestead exemption paid from the proceeds by the Trustee?
Seems like they should be able to, but just want to be sure.
Happy 4th!
--
*************************
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)332-1180 (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.
--
*************************
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)332-1180 (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.

The post was migrated from Yahoo.

Ideally yes (and I think 363(f)(3) would be the applicable section),
but the reality is that the mtg lender already has relief from stay,
and the debtor didn't want to pay to do the 522f motion unless and
until the Trustee showed an interest in selling the property (which
still has not happened).
On 7/2/2016 10:17 AM, Larry Simons larry@lsimonslaw.com [cdcbaa] wrote:
>
>
> What is the dispute under 363(f)(4)? I would encourage debtors
> counsel to file the 522f before the sale motion.
>
> Sent from my iPhone
>
> On Jul 2, 2016, at 10:04 AM, 'Mark J. Markus' bklawr@yahoo.com
> [cdcbaa] > wrote:
>
>> Can the debtor get the Trustee to (seek to) sell under 363 free
>> and clear of liens, and then do the 522f motion?
>>
>> On 7/2/2016 9:54 AM, Larry Simons larry@lsimonslaw.com [cdcbaa]
>> wrote:
>>> Mark,
>>>
>>> If the debtor"s property is sold, most likely the lien will have
>>> been paid through escrow before the net proceeds are tendered to
>>> the trustee
>>>
>>> Sent from my iPhone
>>>
>>> On Jul 2, 2016, at 9:41 AM, 'Mark J. Markus' bklawr@yahoo.com
>>> [cdcbaa] >> > wrote:
>>>
>>>>
>>>>
>>>> Let's say hypothetically a Chapter 7 Trustee sells debtor's
>>>> property and proceeds are deposited into the Trustee's account.
>>>>
>>>> Debtor takes (or amends to take) their homestead exemption and
>>>> it is for a sufficient amount such that a judgment lien against
>>>> the property could be removed under 522(f).
>>>>
>>>> Can the debtor still seek to avoid the lien at that point so
>>>> they can get more of their homestead exemption paid from the
>>>> proceeds by the Trustee?
>>>>
>>>> Seems like they should be able to, but just want to be sure.
>>>>
>>>> Happy 4th!
>>>>
>>>> --
>>>>
>>>> *************************
>>>> 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)332-1180 (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.
>>
>>
>>
>> --
>>
>> *************************
>> 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)332-1180 (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.
>
>
>
*************************
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)332-1180 (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.

The post was migrated from Yahoo.

What is the dispute under 363(f)(4)? I would encourage debtors counsel to file the 522f before the sale motion.
Sent from my iPhone
On Jul 2, 2016, at 10:04 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
Can the debtor get the Trustee to (seek to) sell under 363 free and clear of liens, and then do the 522f motion?
On 7/2/2016 9:54 AM, Larry Simons larry@lsimonslaw.com [cdcbaa] wrote:
Mark,
If the debtor"s property is sold, most likely the lien will have been paid through escrow before the net proceeds are tendered to the trustee
Sent from my iPhone
On Jul 2, 2016, at 9:41 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
Let's say hypothetically a Chapter 7 Trustee sells debtor's property and proceeds are deposited into the Trustee's account.
Debtor takes (or amends to take) their homestead exemption and it is for a sufficient amount such that a judgment lien against the property could be removed under 522(f).
Can the debtor still seek to avoid the lien at that point so they can get more of their homestead exemption paid from the proceeds by the Trustee?
Seems like they should be able to, but just want to be sure.
Happy 4th!
*************************
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)332-1180 (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.
*************************
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)332-1180 (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.
What is the dispute under 363(f)(4)? I would encourage debtors counsel to file the 522f before the sale motion.
Sent from my iPhone
On Jul 2, 2016, at 10:04 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:

Can the debtor get the Trustee to (seek to) sell under 363 free and clear of liens, and then do the 522f motion?
On 7/2/2016 9:54 AM, Larry Simons
larry@lsimonslaw.com [cdcbaa] wrote:
Mark,
If the debtor"s property is sold, most likely the lien will have been paid through escrow before the net proceeds are tendered to the trustee
Sent from my iPhone
On Jul 2, 2016, at 9:41 AM, 'Mark J. Markus'
bklawr@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:

Let's say hypothetically a Chapter 7 Trustee sells debtor's property and proceeds are deposited into the Trustee's account.
Debtor takes (or amends to take) their homestead exemption and it is for a sufficient amount such that a judgment lien against the property could be removed under 522(f).
Can the debtor still seek to avoid the lien at that point so they can get more of their homestead exemption paid from the proceeds by the Trustee?
Seems like they should be able to, but just want to be sure.
Happy 4th!
--
*************************
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)332-1180 (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.
--
*************************
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)332-1180 (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.

The post was migrated from Yahoo.

Can the debtor get the Trustee to (seek to) sell under 363 free and
clear of liens, and then do the 522f motion?
On 7/2/2016 9:54 AM, Larry Simons larry@lsimonslaw.com [cdcbaa] wrote:
>
>
> Mark,
>
> If the debtor"s property is sold, most likely the lien will have
> been paid through escrow before the net proceeds are tendered to
> the trustee
>
> Sent from my iPhone
>
> On Jul 2, 2016, at 9:41 AM, 'Mark J. Markus' bklawr@yahoo.com
> [cdcbaa] > wrote:
>
>>
>>
>> Let's say hypothetically a Chapter 7 Trustee sells debtor's
>> property and proceeds are deposited into the Trustee's account.
>>
>> Debtor takes (or amends to take) their homestead exemption and it
>> is for a sufficient amount such that a judgment lien against the
>> property could be removed under 522(f).
>>
>> Can the debtor still seek to avoid the lien at that point so they
>> can get more of their homestead exemption paid from the proceeds
>> by the Trustee?
>>
>> Seems like they should be able to, but just want to be sure.
>>
>> Happy 4th!
>>
>> --
>>
>> *************************
>> 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)332-1180 (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.
>
>
>
*************************
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)332-1180 (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.

The post was migrated from Yahoo.

Mark,
If the debtor"s property is sold, most likely the lien will have been paid through escrow before the net proceeds are tendered to the trustee
Sent from my iPhone
On Jul 2, 2016, at 9:41 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
Let's say hypothetically a Chapter 7 Trustee sells debtor's property and proceeds are deposited into the Trustee's account.
Debtor takes (or amends to take) their homestead exemption and it is for a sufficient amount such that a judgment lien against the property could be removed under 522(f).
Can the debtor still seek to avoid the lien at that point so they can get more of their homestead exemption paid from the proceeds by the Trustee?
Seems like they should be able to, but just want to be sure.
Happy 4th!
*************************
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)332-1180 (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.
Mark,
If the debtor"s property is sold, most likely the lien will have been paid through escrow before the net proceeds are tendered to the trustee
Sent from my iPhone
On Jul 2, 2016, at 9:41 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:

Let's say hypothetically a Chapter 7 Trustee sells debtor's property and proceeds are deposited into the Trustee's account.
Debtor takes (or amends to take) their homestead exemption and it is for a sufficient amount such that a judgment lien against the property could be removed under 522(f).
Can the debtor still seek to avoid the lien at that point so they can get more of their homestead exemption paid from the proceeds by the Trustee?
Seems like they should be able to, but just want to be sure.
Happy 4th!
--
*************************
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)332-1180 (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
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The post was migrated from Yahoo.

Let's say hypothetically a Chapter 7 Trustee sells debtor's property
and proceeds are deposited into the Trustee's account.
Debtor takes (or amends to take) their homestead exemption and it is
for a sufficient amount such that a judgment lien against the
property could be removed under 522(f).
Can the debtor still seek to avoid the lien at that point so they
can get more of their homestead exemption paid from the proceeds by
the Trustee?
Seems like they should be able to, but just want to be sure.
Happy 4th!
*************************
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)332-1180 (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.

The post was migrated from Yahoo.