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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Voluntary lien and California homestead exemption Posted by Ralph on December 13, 2001 at 5:32 PM I allowed a voluntary lien from my Father to be place on my home 6-8 months before I filed chapter 7 bankruptcy in California. Trustee sued via Summary Judgement for avoidance of the lien. The Judge granted the avoidance to the trustee as well as giving him possession of the lien. The trustee has a court order to sell my home. The equity in the house is lees than $50,000 and I thought I had a $50,000 homestead exemption. It appears that the Judge also gave the trustee the power to void my homestead exemption. If the Homestead exemption is in place the trustee wouldn't be able to sell the house. What is the point of a homestead exemption if a Judge has the power to void the exemption, if no fraud is invoved in the voluntary lean? I can't find anything in the US or California Bankruptcy code that indicate any conditions under which ones' homestead exemption can be voided. Any one know the Bankruptcy Code Section Federal Rules or central California Local rules that gives the Judge the authority for above action or is good old "Judge's Discression?" All I got from my lawyer ia a mumbo jumbo reply he really didn't understand what was going on so he is gone. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : I allowed a voluntary lien from my Father to be place on my home 6-8 months before I filed chapter 7 bankruptcy in California. Trustee sued via Summary Judgement for avoidance of the lien. The Judge granted the avoidance to the trustee as well as giving him possession of the lien. : The trustee has a court order to sell my home. The equity in the house is lees than $50,000 and I thought I had a $50,000 homestead exemption. It appears that the Judge also gave the trustee the power to void my homestead exemption. If the Homestead exemption is in place the trustee wouldn't be able to sell the house. : What is the point of a homestead exemption if a Judge has the power to void the exemption, if no fraud is invoved in the voluntary lean? : I can't find anything in the US or California Bankruptcy code that indicate any conditions under which ones' homestead exemption can be voided. : Any one know the Bankruptcy Code Section Federal Rules or central California Local rules that gives the Judge the authority for above action or is good old "Judge's Discression?" : All I got from my lawyer ia a mumbo jumbo reply he really didn't understand what was going on so he is gone. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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