Jae Dong Tak

This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
December 2013 Page 1 F 4003-2.1.AVOID.LIEN.RP.ORDER
Attorney or Party Name, Address, Telephone & FAX Nos.,
State Bar No. & Email Address
YOUNG K CHANG, ESQ. [#164906]
LAW OFFICES OF YOUNG K CHANG
3250 Wilshire Blvd., #1915
Los Angeles, CA 90010
Tel: 213-480-1050
Fax: 213-480-1028
email: bklaw3@yahoo.com
FOR COURT USE ONLY
Individual appearing without attorney
Attorney for: Debtor(s)
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA - _LOS ANGELES__ DIVISION
In re:
JAE DONG TAK
CASE NO.: 2:15-bk-11056-RK
CHAPTER: 7
ORDER GRANTING DENYING
MOTION TO AVOID LIEN UNDER
11 U.S.C.§ 522(f) (REAL PROPERTY)
No hearing held
Hearing held
Date:
Time:
Courtroom:
Place:
Debtor(s).
Creditor Holding Lien to be Avoided (name): CARIBBEAN BLUES, INC.
The Motion was: Opposed Unopposed Settled by stipulation
Pursuant to 11 U.S.C. § 522(f), Debtor moved to avoid a judicial lien on real property claimed to be exempt. The court
finds and orders as follows:
1. Notice of this Motion complied with LBR 9013-1(d).
2. Notice of this Motion complied with LBR 9013-1(o).
a. There was no opposition and request for hearing.
b. Hearing requested and held as indicated in the caption.
FILED & ENTERED
JUN 09 2015
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY DEPUTY CLERK	bakchell
CHANGES MADE BY COURT
Case 2:15-bk-11056-RK Doc 29 Filed 06/09/15 Entered 06/09/15 16:20:33 Desc
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This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
December 2013 Page 2 F 4003-2.1.AVOID.LIEN.RP.ORDER
3. The real property to which this order applies is as follows:
a. Street address (specify): 13507 Elgers Street, Cerritos, CA 90703
b. Legal description (specify): See attached page
4. Recording information regarding lien to be avoided:
a. Date of recordation of lien (specify): 07/23/2014 .
b. Recorder's instrument number or map/book/page number (specify): 20140763511
5. Motion granted:
a. The judicial lien sought to be avoided impairs an exemption to which Debtor would otherwise be entitled
under 11 U.S.C. § 522(d)
b. The judicial lien is void and unenforceable:
(1) In its entirety
(2) In the following amount only: $ . The balance of $ remains a valid and
enforceable lien against the property.
6. Motion denied on the following grounds: with prejudice without prejudice
a. Insufficient notice
b. Insufficient evidence of the exempt status of the property in question
c. Failure to comply with FRBP 7004(b)(3) or FRBP 7004(h).
d. Insufficient evidence of fair market value.
e. Motion is incomplete.
f. Other (specify): The moving papers are deficient because Debtor has not submitted admissible and credible
evidence of the valuation of the subject property (that is, the appraisal report without a declaration of the
appraiser under penalty of perjury is not admissible testimony, Fed. R. Evid. 601, 602, 603 and 702 and
28 U.S.C. § 1746(2)). Debtor’s conclusory valuation opinion itself is insufficient because debtor has not
otherwise shown that his valuation opinion is based on a scientifically accepted method of valuation (i.e.,
sales comparable analysis). Fed. R. Evid. 601, 602 and 701; In re Meeks, 349 B.R. 19, 22 (Bankr. E.D.
Cal. 2006), citing in 2 Russell, Bankruptcy Evidence Manual at 792-794 (2014-2015 ed.).
7. The court further orders as follows (specify): The court grants movant 60 days leave to supplement the motion
with a declaration of the appraiser under penalty of perjury if movant is relying upon the appraisal report,
file and serve the supplement to the motion, and file a declaration re non-opposition, if appropriate, within
60 days of the date of entry of this order.
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Date: June 9, 2015
Case 2:15-bk-11056-RK Doc 29 Filed 06/09/15 Entered 06/09/15 16:20:33 Desc
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