.jpg)
Lien Strip Issue
As Dennis said, FRBP 4007(b) provides that the complaint may be filed at any
time and the case even reopened without paying a fee to get such
determination.
On Thu, Jul 8, 2010 at 11:57 AM, Sina Maghsoudi wrote:
>
>
> This 523(a)14 adversary was filed after the discharge. I couldn't find
> anything on point, but it seems to me that an adversary should be filed
> before discharge. There was also no timely proof of claim filed.
>
> Thanks
> Sina
>
> --- On *Thu, 7/8/10, Dennis * wrote:
>
>
> Subject: Re: [cdcbaa] 523(a)(14)
> To: "cdcbaa@yahoogroups.com"
> Date: Thursday, July 8, 2010, 8:25 AM
>
>
>
>
> 2 4 & 6 subject to 60 day rule.
>
> Sent from my iPhone
>
> On Jul 7, 2010, at 3:50 PM, Sina Maghsoudi
> wrote:
>
>
> A debt is nondischargeable if it is used to pay a debt that is
> nondischargeable under 523(a)(1). If a private creditor fails to file an
> adversary proceeding within 60 days should it be dismissed.
>
> Sina
>
> --- On *Mon, 6/21/10, Giovanni Orantes >* wrote:
>
>
compose?togo@gobklaw.com>
> >
> Subject: Re: [cdcbaa] Lien Strip Issue
> To: cdcbaa@yahoogroups. com
> Date: Monday, June 21, 2010, 7:15 PM
>
>
>
> Ooops!! Never mind. Ignore my answer. I misread that. Let me change my
> answer: yes, you should be able to use it along with a declaration from the
> debtor with the apropriate language attesting to his competency.
>
> On Mon, Jun 21, 2010 at 7:09 PM, Giovanni Orantes go@gobklaw.com
> > wrote:
>
>> Is the property at issue a principal residence? If it is a principal
>> residence, the $250K value will render you unable to strip the second. You
>> need to get a full appraisal. If it is not a principal residence, there are
>> other issues ....
>>
>>
>> On Sat, Jun 19, 2010 at 9:00 AM, JMB2BLB > > wrote:
>>
>>>
>>> I'm a new member and new to the group. I'm not even sure this is the
>>> proper way to address a question to this group, but anyway . . . .
>>>
>>> I have a lien strip issue. I have a 1st TD claim for 300k and a 2nd TD
>>> claim for 150k. The 2nd filed a POC with a computerized valuation report
>>> indicating the property was worth 250k (50k less than the 1st TD claim). Can
>>> I use that as an "admission" of value for my motion/AP and not have to get
>>> an appraisal on the property in order to get the lien stripped? Or, will I
>>> have to provide my own proof of value for a successfull lien strip? Or
>>> something else? (I do undertand that I can probably just get my client's
>>> declaration of their opinion of the value of the property).
>>>
>>>
>>
>>
>> --
>> Giovanni Orantes, Esq.
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 1980
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Phone: (888) 619-8222 x101
>> Fax: (877) 789-5776
>> e-mail:
>> go@gobklaw.com
>> website: www.gobklaw. com
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
>> AND SANTA BARBARA.
>>
>> Note: The information contained in this e-mail message is confidential
>> information intended only for the use of the individual or entity named. If
>> the reader of this message is not the intended recipient or an agent
>> responsible for delivering it to the intended recipient, you are hereby
>> notified that any dissemination, distribution or copy of this communication
>> is strictly prohibited. If you have received this communication in error,
>> please immediately notify us by telephone or e-mail and delete the original
>> e-mail at (213) 389-4362 or (888) 619-8222.
>>
>> IRS Circular 230 Disclosure: In order to comply with requirements imposed
>> by the Internal Revenue Service, we inform you that any U.S. tax advice
>> contained in this communication (including any attachments) is not intended
>> 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 herein.
>>
>>
>
>
> --
> Giovanni Orantes, Esq.
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 1980
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Phone: (888) 619-8222 x101
> Fax: (877) 789-5776
> e-mail:
> go@gobklaw.com
> website: www.gobklaw. com
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA.
>
> Note: The information contained in this e-mail message is confidential
> information intended only for the use of the individual or entity named. If
> the reader of this message is not the intended recipient or an agent
> responsible for delivering it to the intended recipient, you are hereby
> notified that any dissemination, distribution or copy of this communication
> is strictly prohibited. If you have received this communication in error,
> please immediately notify us by telephone or e-mail and delete the original
> e-mail at (213) 389-4362 or (888) 619-8222.
>
> IRS Circular 230 Disclosure: In order to comply with requirements imposed
> by the Internal Revenue Service, we inform you that any U.S. tax advice
> contained in this communication (including any attachments) is not intended
> 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 herein.
>
>
>
>
> Reply to sender| Reply
> to group| Reply
> via web post
The post was migrated from Yahoo.
charset="windows-1251"
Check the Federal Rules of Evidence.
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.
JMB2BLB
Sent: Saturday, June 19, 2010 9:00 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Lien Strip Issue
I'm a new member and new to the group. I'm not even sure this is the proper
way to address a question to this group, but anyway . . . .
I have a lien strip issue. I have a 1st TD claim for 300k and a 2nd TD claim
for 150k. The 2nd filed a POC with a computerized valuation report
indicating the property was worth 250k (50k less than the 1st TD claim). Can
I use that as an "admission" of value for my motion/AP and not have to get
an appraisal on the property in order to get the lien stripped? Or, will I
have to provide my own proof of value for a successfull lien strip? Or
something else? (I do undertand that I can probably just get my client's
declaration of their opinion of the value of the property).
charset="windows-1251"
Message
Check the Federal Rules of
Evidence.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Yes, an admission is an admission.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Jun 19, 2010, at 9:00 AM, "JMB2BLB" wrote:
I'm a new member and new to the group. I'm not even sure this is the proper way to address a question to this group, but anyway . . . .
I have a lien strip issue. I have a 1st TD claim for 300k and a 2nd TD claim for 150k. The 2nd filed a POC with a computerized valuation report indicating the property was worth 250k (50k less than the 1st TD claim). Can I use that as an "admission" of value for my motion/AP and not have to get an appraisal on the property in order to get the lien stripped? Or, will I have to provide my own proof of value for a successfull lien strip? Or something else? (I do undertand that I can probably just get my client's declaration of their opinion of the value of the property).
Yes, an admission is an admission.Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On Jun 19, 2010, at 9:00 AM, "JMB2BLB" <jboyko@gmail.com> wrote:
I'm a new member and new to the group. I'm not even sure this is the proper way to address a question to this group, but anyway . . . .
I have a lien strip issue. I have a 1st TD claim for 300k and a 2nd TD claim for 150k. The 2nd filed a POC with a computerized valuation report indicating the property was worth 250k (50k less than the 1st TD claim). Can I use that as an "admission" of value for my motion/AP and not have to get an appraisal on the property in order to get the lien stripped? Or, will I have to provide my own proof of value for a successfull lien strip? Or something else? (I do undertand that I can probably just get my client's declaration of their opinion of the value of the property).
The post was migrated from Yahoo.
Ooops!! Never mind. Ignore my answer. I misread that. Let me change my
answer: yes, you should be able to use it along with a declaration from the
debtor with the apropriate language attesting to his competency.
On Mon, Jun 21, 2010 at 7:09 PM, Giovanni Orantes wrote:
> Is the property at issue a principal residence? If it is a principal
> residence, the $250K value will render you unable to strip the second. You
> need to get a full appraisal. If it is not a principal residence, there are
> other issues ....
>
>
> On Sat, Jun 19, 2010 at 9:00 AM, JMB2BLB wrote:
>
>>
>>
>> I'm a new member and new to the group. I'm not even sure this is the
>> proper way to address a question to this group, but anyway . . . .
>>
>> I have a lien strip issue. I have a 1st TD claim for 300k and a 2nd TD
>> claim for 150k. The 2nd filed a POC with a computerized valuation report
>> indicating the property was worth 250k (50k less than the 1st TD claim). Can
>> I use that as an "admission" of value for my motion/AP and not have to get
>> an appraisal on the property in order to get the lien stripped? Or, will I
>> have to provide my own proof of value for a successfull lien strip? Or
>> something else? (I do undertand that I can probably just get my client's
>> declaration of their opinion of the value of the property).
>>
>>
>>
>
>
>
> --
> Giovanni Orantes, Esq.
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 1980
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Phone: (888) 619-8222 x101
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA.
>
> Note: The information contained in this e-mail message is confidential
> information intended only for the use of the individual or entity named. If
> the reader of this message is not the intended recipient or an agent
> responsible for delivering it to the intended recipient, you are hereby
> notified that any dissemination, distribution or copy of this communication
> is strictly prohibited. If you have received this communication in error,
> please immediately notify us by telephone or e-mail and delete the original
> e-mail at (213) 389-4362 or (888) 619-8222.
>
> IRS Circular 230 Disclosure: In order to comply with requirements imposed
> by the Internal Revenue Service, we inform you that any U.S. tax advice
> contained in this communication (including any attachments) is not intended
> 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 herein.
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by
the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
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 herein.
Ooops!! Never mind. Ignore my answer. I misread that. Let me change my answer: yes, you should be able to use it along with a declaration from the debtor with the apropriate language attesting to his competency.
On Mon, Jun 21, 2010 at 7:09 PM, Giovanni Orantes <go@gobklaw.com> wrote:
Is the property at issue a principal residence? If it is a principal residence, the $250K value will render you unable to strip the second. You need to get a full appraisal. If it is not a principal residence, there are other issues ....
On Sat, Jun 19, 2010 at 9:00 AM, JMB2BLB <jboyko@gmail.com> wrote:
The post was migrated from Yahoo.
Is the property at issue a principal residence? If it is a principal
residence, the $250K value will render you unable to strip the second. You
need to get a full appraisal. If it is not a principal residence, there are
other issues ....
On Sat, Jun 19, 2010 at 9:00 AM, JMB2BLB wrote:
>
>
> I'm a new member and new to the group. I'm not even sure this is the proper
> way to address a question to this group, but anyway . . . .
>
> I have a lien strip issue. I have a 1st TD claim for 300k and a 2nd TD
> claim for 150k. The 2nd filed a POC with a computerized valuation report
> indicating the property was worth 250k (50k less than the 1st TD claim). Can
> I use that as an "admission" of value for my motion/AP and not have to get
> an appraisal on the property in order to get the lien stripped? Or, will I
> have to provide my own proof of value for a successfull lien strip? Or
> something else? (I do undertand that I can probably just get my client's
> declaration of their opinion of the value of the property).
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by
the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
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 herein.
Is the property at issue a principal residence? If it is a principal residence, the $250K value will render you unable to strip the second. You need to get a full appraisal. If it is not a principal residence, there are other issues ....
On Sat, Jun 19, 2010 at 9:00 AM, JMB2BLB <jboyko@gmail.com> wrote:
The post was migrated from Yahoo.
I'm a new member and new to the group. I'm not even sure this is the proper way to address a question to this group, but anyway . . . .
I have a lien strip issue. I have a 1st TD claim for 300k and a 2nd TD claim for 150k. The 2nd filed a POC with a computerized valuation report indicating the property was worth 250k (50k less than the 1st TD claim). Can I use that as an "admission" of value for my motion/AP and not have to get an appraisal on the property in order to get the lien stripped? Or, will I have to provide my own proof of value for a successfull lien strip? Or something else? (I do undertand that I can probably just get my client's declaration of their opinion of the value of the property).
The post was migrated from Yahoo.