Lien Strip Issue
Posted: Thu Jul 08, 2010 10:02 pm
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
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>> go@gobklaw.com
>> website: www.gobklaw. com
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
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>>
>
>
> --
> 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.
>
>
>
>
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