George E. Anderson

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1The parties shall assume that the homestead is allowed for $150,000.00. In the event the motion
to avoid the lien is granted, the court will fashion an order preserving the creditor’s rights in the event
that the allowance of the homestead is reversed on appeal.
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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
GEORGE E. ANDERSON, No. 05-10433
Debtor(s).
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Memorandum re Lien Avoidance
_________________
After significant struggling, the court finds itself unable to resolve what should be a simple
matter. To assist the court, counsel for the debtor and counsel for creditor Stohlman & Rogers shall meet
and confer and file a joint statement of disputed and undisputed facts. Ten days after the joint statement
of facts is filed, each side shall file a brief setting forth its calculations showing why the judgment lien
should or should not be avoided.1
The parties shall file, either as part of their calculations brief or as a separate memorandum of
law, a legal brief setting forth the case an statutory law upon which they rely. Of particular interest to
the court is why the court should use the $407,000.00 sale price as the starting point for calculations,
since the sale was entered into over a year after the case was filed and was also to the creditor itself, so
it may not be a reliable measure of value. It appears to the court that the value and liens are to be
Entered on Docket
May 17, 2006
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 05-10433 Doc# 70 Filed: 05/17/06 Entered: 05/17/06 11:20:09 Page 1 of 2

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determined as of the date of filing of the petition. See § 522(a)(2) of the Bankruptcy Code and In re
Salanoa, 263 B.R. 120 (Bankr.S.D.Cal. 2001).
This matter will be deemed submitted once the briefs are filed, unless the court determines that
an evidentiary hearing is necessary to resolve a disputed issue of fact.
Dated: May 17, 2006
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 05-10433 Doc# 70 Filed: 05/17/06 Entered: 05/17/06 11:20:09 Page 2 of 2