Word of caution. When calculating the three years it begins when the return was legally due. If an extension was requested the return was not legally due until October of a particular year, not April.

Ergo, and without anything other analysis,

2016 became due on October 15,...

Not sure if this will work. If it does, this post attaches the actual Order issued in Kenney that I reference above.

Edt to add: Wow, it worked - now I know I don't have to copy and paste. Also, this decision was not appealed.

justbroke If the attachment is TMI regarding personal...

I do not believe that a creditor, absent some state statute (or case law in the district) has an affirmative duty to release the judgment lien. Here in Arizona, since judgment liens do not attach to homestead property there is no need to do a 522f motion. If you wish to sell your homestead post discharge...

I need to put this issue to rest which I attempted to do very politely.

bcohen is absolutely correct. . . Judgment liens. . . even in California. . . do not attach to after acquired property. Now, there may be a jurisdiction or two that state otherwise but here is the view of the vast majority....

This is so true. Can't tell you how many times clients do things without seeking advice and then we have to do damage control. Luckily, most mistakes can be "fixed" but fixing the mistakes just costs the clients more money.

Des....

Interestingly a very quick search turns up a Texas case from 1 year ago that agrees with flashoflight but qualifies that “agreement”.

In re Arlin, 596 B.R. 516 (Bankr. N.D. Tex. 2019)



Bottom line, what happens to an exempt asset in a Chapter 13 upon removal...

This is at least the second time you have stated this. Please cite to case law authority.

Over the years I have had many clients borrow from their ERISA qualified plans (or withdraw from their IRAs) in order to cure Plan payment defaults, mortgage defaults, purchase necessities, etc. and...

Let’s resolve this issue correctly. . .

In re Johnson, 466 B.R. 67 (Bankr. E.D. Va. 2012)



Give this cite to your attny for further review.

Des....

Don't know if First American Title is in your State but if it is, my recommendation is to move the escrow to FAT.

Des.

See this link. . .

https://www.bkforum.com/forum/before...d-%F0%9F%98%A5

Scroll down to my post. Same concept except the tax claim is filed under 1305(a)(1). But. . . the Plan cannot go beyond 60 months and...

You indicate that you have only been in the Chapter 13 for a year. To me this is not a big deal as I see two relatively easy answers to the problem:

1. Depending upon how much your Plan payment is, ask for a waiver (moratorium) for a few months so that you can pay off the medical bills....

I agree with the others. Unless there is a strategic reason to hold off filing, the delay needs to be explained.

As it stands right now, the income information you gave at the end of October is not the information that is needed for a filing in, say, January, 2020. That 6 month window for...

Ok, so here is my take on this.

1. Now that you “qualify” for a Chapter 7 dismissing case #1 and filing case #2 is feasible and may be your best course of action especially if you are struggling with the Plan payments. So long as you “qualify” I see no impediment to moving forward...

mel22nv I saw a reference to wanting my "input". I will attempt to review this evening but I will assume JB has covered the issues.

Des.