Timing of 522f motion filing
Posted: Fri Jun 18, 2010 5:21 pm
I love this listserv!
I have a case of this nature (Ch. 7, judgment lien with fmv below first
mortgage). In setting the petition up for the judgment lien avoidance, is
there any particular way that I should list the judgment lien on the
schedules given that I plan on doing the 522(f) motion? Is it just
sufficient to state debtor's intention to avoid judgment lien pursuant to
522(f)?
Jacob D. Chang, Esq.
Law Offices of Jacob D. Chang
1600 Wilshire Boulevard, Third Floor
Los Angeles, CA 90017
Tel: (213) 252-4440
Fax: (213) 738-1116
Email: jacobchang.esq@gmail.com
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2009/10/6 Jim Selth
>
>
> I once represented a creditor in one of these cases where a case was
> reopened by the debtor after 8 years to file a 522(f) Motion. I opposed on
> the grounds of laches, et al., and Judge Mund allowed the case to be
> reopened for the 522(f) Motion to be filed. Having said that, obviously you
> would prefer to file one of these Motions while the case is still open. As
> far as a sample Motion - there is a form motion available for use in this
> district which is very user-friendly. Form number F 9013-1.5.
>
>
>
> James R. Selth
>
> Weintraub & Selth, APC
>
> 12121 Wilshire Boulevard, Suite 1300
>
> Los Angeles, California 90025
>
> Telephone: (310) 207-1494
>
> Facsimile: (310) 442-0660
>
> E-Mail: jim@wsrlaw.net
>
>
>
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>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Steven B Lever
> *Sent:* Tuesday, October 06, 2009 3:28 PM
>
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Timing of 522f motion filing
>
>
>
>
>
> You can even reopen cases for 522(f) years later, but I dont recommend it
> under the present circumstances.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *David A. Tilem
> *Sent:* Tuesday, October 06, 2009 3:07 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Timing of 522f motion filing
>
>
>
>
>
> no tight time limits. Perhaps a 2 year limit, but perhaps not. I don't
> remember.
>
>
>
>
>
> *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.
>
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
>
>
>
> -----Original Message-----
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *miyun lim
> *Sent:* Tuesday, October 06, 2009 12:07 PM
> *To:* List Serve
> *Subject:* [cdcbaa] Timing of 522f motion filing
>
>
>
> Dear Group,
>
>
>
> I have a client who has a judgment lien on their principal residence. Since
> value of the home does not support the lien, a 522f motion to avoid lien is
> to be filed. Is there any requirement that this to be filed before 341a
> meeting or can I filed it after the 341a meeting?....this is chapter 7 case.
> Does anyone wiling to share a sample motion?...thank you so much!
>
>
>
> Teri Lim, Esq.
> *Law Offices of Miyun Teri Lim*
> 3701 Wilshire Blvd. Ste. 1025
> Los Angeles, CA 90010
> (213)389-3557(Office)
>
> (323) 927-3623 (Fax)
>
>
>
>
>
I love this listserv!I have a case of this nature (Ch. 7, judgment lien with fmv below first mortgage). In setting the petition up for the judgment lien avoidance, is there any particular way that I should list the judgment lien on the schedules given that I plan on doing the 522(f) motion? Is it just sufficient to state debtor's intention to avoid judgment lien pursuant to 522(f)?
Jacob D. Chang, Esq.Law Offices of Jacob D. Chang1600 Wilshire Boulevard, Third FloorLos Angeles, CA 90017Tel: (213) 252-4440Fax: (213) 738-1116Email: jacobchang.esq@gmail.com
Please kindly consider the environment before printing this e-mail. Note: This electronic mail is intended to be received and read only by certain individuals. It may contain information that is attorney-client privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you have received this in error, please notify me by replying and then delete both the message and reply. Thank you.
2009/10/6 Jim Selth <jim@wsrlaw.net>
I once represented a creditor in one of these cases where a case
was reopened by the debtor after 8 years to file a 522(f) Motion. I opposed on
the grounds of laches, et al., and Judge Mund allowed the case to be reopened
for the 522(f) Motion to be filed. Having said that, obviously you would prefer
to file one of these Motions while the case is still open. As far as a sample
Motion - there is a form motion available for use in this district which is
very user-friendly. Form number F 9013-1.5.
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
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