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Charles William Daff

Charles Daff’s Answers

2 total

  • Can the trustee prevent the debtor from entering his or hers home? Does the debtor have any rights ?

    Chapter 7 filed in error there were tenants in the home and eviction non payment of rent. Eviction judge awarded possession to the owner. The owner wants to obtain access to the home to claim homestead exemption time is of the essence. Does the d...

    Charles’s Answer

    The debtors right to claim the homestead exemption is determined on the date the bankrupcy petition is filed with the court. The debtor must reside in the real property of the petition date and the debtor must meet the any other requirement proscribed to the state law for his place of residence.

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  • I want to do a motion to avoid lien in bankruptcy because it impairs my homestead exemption.

    I am not sure if I should avoid the lien that is recorded at the county or the lien that they allegedly transferred it to that is not recorded. If I avoid the lien that is recorded would it be inclusive of any transferees or assignees of the lien ...

    Charles’s Answer

    Avoid the lien of record at the county recorder's office. This will state the case name, case number, instrument number for the bankruptcy court order. Give notice of the motion to avoid the lien to all parties including assignees. The court order will avoid the lien in its entirety provided no equity exists above the homestead amount

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