[CLBS] Priming the Debtor's homestead

[Matthew T. Christensen]

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I also wonder if the outcome would be different if there was no default on the consensual liens.  The BAP decision is even more interesting than the 9th Circuit.

MTC




Matthew T. Christensen
mtc at johnsonmaylaw.com
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-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Paul Ross
Sent: Friday, September 15, 2023 9:03 AM
To: Patrick Geile <PGeile at foleyfreeman.com>
Cc: CLBS at admws.idaho.gov
Subject: Re: [CLBS] Priming the Debtor's homestead

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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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