Central District Consumer Bankruptcy Attorney's Association

Posted: **Thu Apr 30, 2009 12:51 pm**

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Still a preference. Cannot exempt property voluntarily transferred.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Nicholas
Sent: Thursday, April 30, 2009 10:22 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Chapter 7 unsecured judgment lien strip
I have a basic question. Assume that the potential Debtor has no house, and
virtually no assets. However, she paid back a loan to her son 3 months ago
in the amount of $8,000.00. So she took exempted cash and paid it to him.
Even though that is the case, it is still a preference, right?
Nicholas S. Nassif, Esq.
LAW OFFICES OF NICHOLAS S. NASSIF
3055 WILSHIRE BLVD.
SUITE 900
LOS ANGELES, CA 90010
TELEPHONE- 213-736-1899
FAX- 213-736-5656
WEB- www.nassif.com
E-MAIL- nsnassif@pacbell. net
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Message
Still a preference.
Cannot exempt property voluntarily transferred.

David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

Posted: **Thu Apr 30, 2009 10:21 am**

I have a basic question. Assume that the potential Debtor has no house, and
virtually no assets. However, she paid back a loan to her son 3 months ago
in the amount of $8,000.00. So she took exempted cash and paid it to him.
Even though that is the case, it is still a preference, right?
Nicholas S. Nassif, Esq.
LAW OFFICES OF NICHOLAS S. NASSIF
3055 WILSHIRE BLVD.
SUITE 900
LOS ANGELES, CA 90010
TELEPHONE- 213-736-1899
FAX- 213-736-5656
WEB- www.nassif.com
E-MAIL- nsnassif@pacbell.net

The post was migrated from Yahoo.

Posted: **Thu Apr 30, 2009 9:00 am**

Totally off the cuff -- and I could be totally wrong here -- but doesn't the
fact that it's a recorded and presumably perfected lien make it, by
definition, secured?
On a related note, am I the only one getting people who are coming in
demanding a lien strip of their undersecured second mortgage in a Chapter 7?
Someone is putting the info out there. I got this three times the past
week, and I never got these even a month ago.
bridgetgkelly
Sent: Wednesday, April 29, 2009 4:09 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Chapter 7 unsecured judgment lien strip
Is it possible to lien strip an unsecured judgment lien against debtor's
residence in a chapter 7? I thought I read that it was possible to lien
strip in a 7 if certain criteria were met. If so, is the motion similar to
the chapter 13 LAM? If it is different, does someone have a sample (I
didn't see one in "forms"). Thank you.
Yahoo! Groups Links

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Posted: **Thu Apr 30, 2009 7:50 am**

Use Local Form 9013 1.5 and 9013 1.6
Along with all supporting evidence
Jim

The post was migrated from Yahoo.

Posted: **Thu Apr 30, 2009 7:38 am**

same as a Lam motion, only use section 522(f). Courts generally not as tight on these as they are involuntary liens.
dennis

The post was migrated from Yahoo.

Posted: **Wed Apr 29, 2009 4:08 pm**

Is it possible to lien strip an unsecured judgment lien against debtor's residence in a chapter 7? I thought I read that it was possible to lien strip in a 7 if certain criteria were met. If so, is the motion similar to the chapter 13 LAM? If it is different, does someone have a sample (I didn't see one in "forms"). Thank you.

The post was migrated from Yahoo.