You need to use at least $1 of wildcard exemptionfor522(f) to apply. Judgment lien survives unless avoided by522(f) or paid & released.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706-B Newport Boulevard, Costa Mesa, CA 92627-3073
Telephone: (949)650-3328
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To:
cdcbaa@yahoogroups.com
Sent: Thu, February 4, 2010 5:33:36 AM
Subject: Re: [cdcbaa] Parents Onwn House,... Sort of...
Hi: just read my email and it looks a little confusing. Facts: Debtor has a completely unsecured 2nd on residence which I am asking the court to "value". Debtor also has a judicial lien. The debtor has no equity in the home so no exemption was taken. What do I do with the judicial lien in the Chapter 13. Is it paid as secured? Does the 522f motion still apply when there is no exemption impaired? Is it treated as unsecured and then the lien survives the BK on the property only? Thanks.
Law Office of Catherine Christiansen
1077 E Pacific Coast Hwy #210
Seal Beach, CA, 90740
Tel: (562) 361-8721
Fax: (562) 490-8572
attorneychristianse
n@gmail.com
This e-mail is private and confidential and is intended solely for therecipient( s) named or otherwise identified herein. If you are notnamed or otherwise identified as an intended recipient, please deletethis e-mail message and any copies thereof and immediately notify theLaw Offices of Catherine Christiansen by e-mail or by telephone (562)608-8368.
representation, Christiansen Law Offices does not representyou, and this email does not contain anylegal advicefor you.
te:
>Subject: Re: [cdcbaa] Parents Onwn House,... Sort of...
>To: cdcbaa@yahoogroups. com
>Date: Wednesday, February 3, 2010, 5:27 PM
>
>
>
>Thanks. I thought you had to impair an exemption to use the form?der Chapter 13" the 2nd deed of trust.
>
>Law Office of Catherine Christiansen
>1077 E Pacific Coast Hwy #210
>Seal Beach, CA, 90740
>Tel: (562) 361-8721
>Fax: (562) 490-8572
>attorneychristianse
n@gmail.com
>This e-mail is private and confidential and is intended solely for therecipient( s) named or otherwise identified herein. If you are notnamed or otherwise identified as an intended recipient, please deletethis e-mail message and any copies thereof and immediately notify theLaw Offices of Catherine Christiansen by e-mail or by telephone (562)608-8368.
>Representation Note: If you have not signed a contract of representation, Christiansen Law Offices does not representyou, and this email does not contain anylegal advicefor you.
>
>--- On Wed, 2/3/10, Dennis McGoldrick wrote:
>
>
>>Subject: Re: [cdcbaa] Parents Onwn House,... Sort of...
>>To: cdcbaa@yahoogroups. com
>>Date: Wednesday, February 3, 2010, 4:46 PM
>>
>>
>>
>>same answer 522f motion, there is a court form.
>>d
>>
>>--- On Wed, 2/3/10, Catherine Christiansen wrote:
>>
>>
>>>Subject: Re: [cdcbaa] Parents Onwn House,... Sort of...
>>>To: cdcbaa@yahoogroups. com
>>>Date: Wednesday, February 3, 2010, 9:29 AM
>>>
>>>
>>>
>>>Hi: Thanks for the response. Actually the debtor owns a home, however, there is no equity in the home. How do you treat the Judicial Lien in the 13. It has to be paid while I strip the 2nd Deed of Trust? Thanks in advance for your input.
>>>
>>>Law Office of Catherine Christiansen
>>>1077 E Pacific Coast Hwy #210
>>>Seal Beach, CA, 90740
>>>Tel: (562) 361-8721
>>>Fax: (562) 490-8572
>>>attorneychristianse
n@gmail.com
>>>This e-mail is private and confidential and is intended solely for therecipient( s) named or otherwise identified herein. If you are notnamed or otherwise identified as an intended recipient, please deletethis e-mail message and any copies thereof and immediately notify theLaw Offices of Catherine Christiansen by e-mail or by telephone (562)608-8368.
>>>Representation Note: If you have not signed a contract of representation, Christiansen Law Offices does not representyou, and this email does not contain anylegal advicefor you.
>>>
>>>--- On Tue, 2/2/10, Dennis McGoldrick wrote:
>>>
>>>
>>>>Subject: Re: [cdcbaa] Parents Onwn House,... Sort of...
>>>>To: "cdcbaa@yahoogroups .com"
>>>>Date: Tuesday, February 2, 2010, 8:01 PM
>>>>
>>>>
>>>>
>>>>An abstract recorded when the debtor owns no dirt.
>>>>
>>>>Dennis McGoldrick
>>>>350 S. Crenshaw Bl., #A207B
>>>>Torrance, CA 90503
>>>>
>>>>On Feb 2, 2010, at 5:11 PM, "David A. Tilem" wrote:
>>>>
>>>>
>>>>
>>>>>What is an unsecured judicial lien?
>>>>>
>>>>>
>>>>>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-----
alf Of Catherine Christiansen
>>>>>Sent: Friday, January 29, 2010 9:43 PM
>>>>>To: cdcbaa@yahoogroups. com
>>>>>Subject: Re: [cdcbaa] Parents Onwn House,... Sort of...
>>>>>
>>>>>
>>>>>Hi - Silly question, How do we treat unsecured judicial liens in a chapter 13 plan where debtor is property owner? Do they have to be paid in full as secured or classified as unsecured because no equity to attach to? Thanks.
>>>>>
>>>>>Law Office of Catherine Christiansen
>>>>>1077 E Pacific Coast Hwy #210
>>>>>Seal Beach, CA, 90740
>>>>>Tel: (562) 361-8721
>>>>>Fax: (562) 490-8572
>>>>>
attorneychristiansen@gmail.com
>>>>>This e-mail is private and confidential and is intended solely for therecipient( s) named or otherwise identified herein. If you are notnamed or otherwise identified as an intended recipient, please deletethis e-mail message and any copies thereof and immediately notify theLaw Offices of Catherine Christiansen by e-mail or by telephone (562)608-8368.
>>>>>Representation Note: If you have not signed a contract of representation, Christiansen Law Offices does not representyou, and this email does not contain anylegal advicefor you.
>>>>>
>>>>>--- On Wed, 1/27/10, R Grace Rodriguez wrote:
>>>>>
>>>>>
>>>>>>Subject: Re: [cdcbaa] Parents Onwn House,... Sort of...
>>>>>>To: cdcbaa@yahoogroups. com
>>>>>>Date: Wednesday, January 27, 2010, 1:11 PM
>>>>>>
>>>>>>
>>>>>>
>>>>>>Hi Jeffery:
>>>>>>
>>>>>>Erm maybe I'm just really naive and I'm completely blowing it. . .>>>>>>
>>>>>>I have run across similar situations wherein i included in the bankruptcy. Without admitting to anything (hahahahaha) I believe your situation could be handled this way:
>>>>>>
>>>>>>The family has a verbal agreement for a lease option to purchase for which they paid $80,000 for the right to lease at the price of the mortgage, care and maintenance of the home, as well as payment of property taxes and insurance. The children retain the right of first refusal to purchase the house from the parents at the balance of the existing mortgage. assume because of the $80,000 investment in May, 2009. The present value of the contract is worthless now because no one is going to pay for a right to buy the house and live in it. And the contract is necessary for the fresh start for the debtors.
>>>>>>
>>>>>>As a side note: I would watch out more closely for whether there is a time limit that the parents would have had to live in the property as part of their loan agreement. Most require one year to live in property. However I have seen some state that they had to have obtained the loan "with a present intention to live in the home." This does not bar a borrower from deciding to rent it to their children.
>>>>>>
>>>>>>If the debtors can hold on until May 2010 to file the bankruptcy under chapter 7 I suspect they ultimately would be better off, so it doesn't look like they gave their parents $80,000 as an insider transaction to hide assets. Perhaps the family would like to memorialize their agreement in a writing, but that does raise a statute of frauds issue. The verbal agreement is not in writing so its not enforceable against the parents if the trustee were to go after the lease option to purchase as an asset.>>>>>>
>>>>>>FINALLY: The best bet is to wait the year if possible. In the meantime file general denials if the credit card companies decide to sue. Just don't let those lawsuits go to judgment and create liens against your clients. It will create way too much bankruptcy work avoiding the judgment liens.
>>>>>>
>>>>>>Okay enough of my mindless ramblings.
>>>>>>
>>>>>>R.Grace.Rodriguez
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>. The lease agreement provides that the children pay the " agreement purchased
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>On Tue, Jan 26, 2010 at 6:35 PM, jbsesq1965 wrote:
>>>>>>
>>>>>>
>>>>>>>PCs wanted to purchase a home in May of 2009 with an $80,000 down payment. Right before escrow closed, the bank withdrew its funding commitment. PC's asked their parents for help. Parents stepped in and purchased the house in parents name with PC's $80,000 down payment. The down payment was paid directly into escrow (it did not go to the parents first and then into escrow).
>>>>>>>
>>>>>>>Since the purchase, PC's have made all of the payments directly to the lender, have paid insurances and property taxes directly to those creditors and have made improvements to the property from their own funds. PC's consider the house theirs and have a verbal agreement with parents that the house belongs to them. PC wife lost her job at the end of summer and the PC's are now struggling with significant credit card debt.
>>>>>>>
>>>>>>>As it stands now, parents are on title to the house, and the loan. Because PC's have 4 children and only one income they will NOT need a mortgage deduction to pass the means test.
>>>>>>>
>>>>>>>Part of me says that filing the bankruptcy as it stands now is no problem because the debtors do not own legal title to the property and the mortgage payments that may have been made in the last 90 days are not a significant enough preference to interest a Chapter 7 Trustee.
>>>>>>>
>>>>>>>However, another part of me is very nervous about the $80,000 down payment that was paid into escrow last May from the debtor's funds. If the debtors do not acknowledge an ownership interest in the house wouldn't the $80,000 payment into escrow constitute a fraudulent conveyance in favor of the parents (even though they did not directly receive the funds) because they benefited from the down payment when they (parents) acquired title to the house?
>>>>>>>
>>>>>>>My tentative advice to the clients (subject to input from this group) is to have the parties memorialize the true nature of the agreement with the parents, now, in the form of a Promissory Note in favor of the parents that obligates the debtors to continue making payments to the lender, a corresponding all inclusive Deed of Trust (sometimes called a Wrap Around Deed) for the amount of the loan owed to the mortgage company (but no more) and a Grant Deed to PC's. The Promissory Note and Deed of Trust in favor of the parents might technically be a "preference" but since the debtors will have received value from the parents concurrent with that transaction (the Deed to the property and the corresponding equity), I think the preference is defendable and there are no fraudulent conveyance issues. The debtors can exempt any equity in the property with their homestead.
>>>>>>>
>>>>>>>Does anyone disagree with this analysis or see any landmine? Thank you for your input.
>>>>>>>
>>>>>>>Jeffrey B. Smith
>>>>>>>
>>>>>>>
>>>>>>
>>>>>>
>>>>>>--
>>>>>>R. Grace Rodriguez, Esq.
>>>>>>OFF: (818) 734-7223
>>>>>>CEL: (323) 304-5496
>>>>>>
>>>>>>NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
>>>>>>
>>>>>>CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
>>>>>>
>>>>>
>>>>
>>>
>>
>
You need to use at least $1 of wildcard exemption for 522(f) to apply. Judgment lien survives unless avoided by 522(f) or paid & released. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.com
Personal Financial Law Center II1706-B Newport Boulevard, Costa Mesa, CA 92627-3073Telephone: (949)650-3328
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: Catherine Christiansen <
christiansenlaw@yahoo.com>To:
cdcbaa@yahoogroups.comSent: Thu, February 4, 2010 5:33:36 AMSubject: Re: [cdcbaa] Parents Onwn House,... Sort of...
Hi: just read my email and it looks a little confusing. Facts: Debtor has a completely unsecured 2nd on residence which I am asking the court to "value". Debtor also has a judicial lien. The debtor has no equity in the home so no exemption was taken. What do I do with the judicial lien in the Chapter 13. Is it paid as secured? Does the 522f motion still apply when there is no exemption impaired? Is it treated as unsecured and then the lien survives the BK on the property only? Thanks.
Law Office of Catherine Christiansen1077 E Pacific Coast Hwy #210Seal Beach, CA, 90740Tel: (562) 361-8721Fax: (562) 490-8572attorneychristianse
n@gmail.comThis e-mail is private and confidential and is intended solely for therecipient( s) named or otherwise identified herein. If you are notnamed or otherwise identified as an intended recipient, please deletethis e-mail message and any copies thereof and immediately notify theLaw Offices of Catherine Christiansen by e-mail or by telephone (562)608-8368.Representation Note: If you have not signed a contract of representation, Christiansen Law Offices does not representyou, and this email does not contain any legal advice for you.--- On Wed, 2/3/10, Catherine Christiansen <christiansenlaw@ yahoo.com> wrote:
rine Christiansen <christiansenlaw@ yahoo.com>Subject: Re: [cdcbaa] Parents Onwn House,... Sort of...To: cdcbaa@yahoogroups. comDate: Wednesday, February 3, 2010, 5:27 PM
Thanks. I thought you had to impair an exemption to use the form? Debtor has no equity in the home and I am asking the court to "value under Chapter 13" the 2nd deed of trust.Representation Note: If you have not signed a contract of representation, Christiansen Law Offices does not representyou, and this email does not contain any legal advice for you.--- On Tue, 2/2/10, Dennis McGoldrick <easky1@yahoo. com> wrote:
s McGoldrick <easky1@yahoo. com>Subject: Re: [cdcbaa] Parents Onwn House,... Sort of...To: "cdcbaa@yahoogroups .com" <cdcbaa@yahoogroups. com>Date: Tuesday, February 2, 2010, 8:01 PM
An abstract recorded when the debtor owns no dirt.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 2, 2010, at 5:11 PM, "David A. Tilem" <DavidTilem@TilemLaw .com> wrote:
What is an unsecured judicial lien?
The post was migrated from Yahoo.