Steven D. Buford and Vanessa F. Buford

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	) Bankruptcy Case
) No. 10-34825DM
STEVEN D. BUFORD, SR. and VANESSA 	)
F. BUFORD, 	) Chapter 13
)
Debtors. 	)
___________________________________)
MEMORANDUM DECISION ON MOTION TO AVOID LIEN
On January 12, 2011, debtors filed a motion to avoid the lien
of respondents David Rea and Michael Martin. 	Respondents were
properly advised in the motion of the deadline to oppose it or
request a hearing.
Respondents submitted a letter to the court that was received
on March 1, 2011. 	The court regards that letter as an opposition
to the motion, albeit an untimely one. 	The letter does not
contest the present value of the debtor’s property, as alleged in
the motion, nor does it offer any factual or legal basis that
would be sufficient to defeat the motion on any other ground.
Instead, the letter sets forth the respondents’ prior good faith
in attempts to assist the debtors, suggests a continuing
willingness to work with the debtors and stresses the financial
hardship they will suffer if the lien is avoided. 	Respondents
have not requested a hearing.
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Signed and Filed: March 01, 2011
________________________________________
DENNIS MONTALI
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
March 02, 2011
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 10-34825 Doc# 25 Filed: 03/01/11 Entered: 03/02/11 09:06:19 Page 1 of 3

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The court will overlook the lateness of the response and the
informal nature of it, together with the absence of any
declaration to establish the facts asserted by respondents. 	The
court also accepts as undisputed respondents’ prior and present
good faith, the possibility that property values will return, and
that granting the motion causes them financial harm. 	Still, the
court must overrule the opposition as legally insufficient.
Debtors are entitled to an order issued in accordance with
this court’s 	Guidelines for Valuing and Avoiding Liens in
Individual Chapter 11 Cases and Chapter 13 Cases, which
respondents are urged to review at www.canb.uscourts. 	If debtors
complete and confirm their Chapter 13 plan they will be entitled
to a judgment avoiding the respondents’ lien for all purposes; if
their case is dismissed or converted to Chapter 7, the lien will
be preserved.
Counsel for debtors should serve and upload an order avoiding
respondents’ lien for the reasons stated in the motion and in this
memorandum decision.
**END OF MEMORANDUM DECISION**
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Case: 10-34825 Doc# 25 Filed: 03/01/11 Entered: 03/02/11 09:06:19 Page 2 of 3

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COURT SERVICE LIST
David Rea
Michael Martin
601 Van Ness Ave., Suite P
San Francisco, CA 94102
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Case: 10-34825 Doc# 25 Filed: 03/01/11 Entered: 03/02/11 09:06:19 Page 3 of 3