[CLBS] Priming the Debtor's homestead

[Paul Ross]

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Would the outcome be different if there was a homestead to be paid to the
debtors?

Paul

On Fri, Sep 15, 2023 at 8:21 AM Patrick Geile <PGeile at foleyfreeman.com>
wrote:

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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
> Attorney
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