I was secured, but had to release because my recordation was withint 90 days of filing. Hence I am unsecured.
I was not happy with releasing my abstract but I was told that if I did not, it would have been set aside because the recording was within 90 days of filing.
Mr. Cortwright, would you like me to remain in the chat?
okay no problem.
home not upside down. Only encumberance is a HELOC. Home worth $450,000. Debtor has homestead of $175,000 which I think should be $146,400 because of 11 USC 522 because of injury cause by intentional tort. But homestead arguably at $175k and HELOC at $123,000 still leaves roughly $145,000 in equity if we have it sold for the fair market value
bank is arguing HELOC lien is $123,000, homestead of $175,000. Home worth $300,000. So bank wants to sell now. But the appraisal I had done puts property at $450,000. Should I not have released the abstract? Would I have had more leverage as secured creditor?
Debtor stopped making payments on HELOC, total unpaid balance is $800. Debtor wants to keep home but I'd like it sold for top dollar so all debtors including bank make some money.
central, santa ana
I've elected my own trustee at this point. But main issue for me is what is a court likely to do with two appraisals so far apart?
The trustee is objecting to the relief motion from the bank if that makes any difference.
Is our chat published online at all?
Is this published online at all after we're done?
or can it remain private?
$700,000, intentional infliction of emotional distress with finding of malice
I have 90% of the debt
Yes, I've done so.
The debtors two assets are their car which is worth $8k and their house which I would even buy at $300,000 and rent it out.
Can you answer this please. Is our chat published on the Just Answer website?
I am a paralegal. I worked my case up in superior court. it's now been published on a bunch of websites and made the LA Daily Journal. I have a year's worth of my time in this. Got 12-0 unanimous verdict for $1,000,000. Had punitives reduced. I have also read I can buy the debtor's appeal?
But I know minimal about BK law. Adversarial proceeding is to be heard on 8/30/2012. My main concern is having the banks request for relief denied so the trustee can sell at higher price.
plus there's a strong likelyhood that the debtor did a preferential transfer from the bank's HELOC to an IRA within 90 day window. So if that gets unwound, the bank's interest would go down roughly $89,000.
So I've got the adversarial proceeding coming up. If I prevail, do I get relief from stay so I pursue collections, i.e. debtors exam?
Can I ask if you know a trustee I've elected?
You still here?
We all done?
Karl T. Andersen
Lochte seems to have blown it. Phelps got his act together.
BTW, nice job here. I see your in Murietta, my in laws out that way sort of Palm Desert, damn hot out there.
You do ok with this Just Answer bit? Seems like a nice side deal and a way to help out people.
No, I've just elected him. I didn't know if I was allowed to discuss matters with him. I would like to have a meeting with him if that's possible. Is that out of bounds?
Can I by the rights to prosecute the debtors appeal? That was something the debtors attorney didn't want me doing. Is that an option?
I work out of one small firm in Newport Beach, but I've become an independent paralegal for three other attorneys now because of the work I've done. I was a lead mediator for Ford doing lemon law and went to law school but took time off after school to look after family. I've done a fair amount of PI, HOA, lemon law, and criminal defense work. I primarily do law and motion for three civil attorneys and some federal defense work.
My neighbor was harassing the hell out of my wife and I. After a few years, and 119 late night phone calls, I filed suit in pro per. Defeated all pretrial motions, about 10 ex parte motions, basically everything the defendants' lawyers could throw up. There were a total of 8 attorneys so far for the defendants and I'm still here. The jury was unanimous $600k in general damages, and $400k in punitives, finding of conspiracy so I got J/S liability on all.
Had a remittitur on punis on post trial motion. Offered a trial on punitives only, or accept reduction. Took reduction. Defendants opted not to have a trianscript so their appeal doesn't look likely. Judge was very good. Jury excellent.
You sound like the attorneys I work for :) I began working for my friend who mentored me through law school. Then after the other attorneys saw the law and motion work I did, they asked me to do it. I work at night a lot so late night projects are what I kind of specialize in. Law minute motions, oppositions to MILs, MILs, etc. etc. I've done really well with anti-SLAPP motions but my main pointer to attorneys I work for is that you have to think a few steps ahead when pleading. So you don't walk into anti-SLAPP trap.
I've seen your site, you want an example of my writing?
Here's my case on a condo website. http://www.condoassociationexpert.com/?p=1401
Let me know if you want an example, anti-SLAPP, demurrer, motion for new trial opposition, etc and I'll e mail you one.
Thank you for your excellent service. Top marks.
like an writing sample?
I do Lexis, have my own account with unlimited background check on persons, property and businesses.
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