[CLBS] Priming the Debtor's homestead

[Patrick Geile]

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Good morning,

This 9th circuit decision affirmed the debtors do not have standing to appeal a decision affirming a carveout the chapter 7 trustee negotiated with consensual lienholders on a debtor's home. In short, a trustee may work a carveout with the mortgage company to sell a debtor's home and to carve out funds for the estate including the trustee's administrative fee.  Although not new, this decision is not critical of the practice in the 9th circuit and denies the debtor an ability to challenge the carveout agreement because the debtor lacked standing.


Patrick J. Geile
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