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Judgment lien recorded postpetition - do I do a 522(f) mo=
If it was unintentional, start by asking them to record a release of the lien
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
Telephone: (818) 226-1205
Facsimile : (818) 226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND
CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY
BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND
CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN
AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW,DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.
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THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com; Strictly Bankruptcy Issues
Sent: Tue, June 19, 2012 10:46:51 AM
Subject: [cdcbaa] Judgment lien recorded postpetition - do I do a 522(f) motion,
or?
Abstract of Judgment was issued on 3/2, BK was filed on 4/2, abstract was
recorded on 5/7. Debtor owns real property. Creditor and counsel receivednotice of BK. Do I do a 522(f) motion, or something else? It's a violation of
the stay but is it worth it to file an action against the creditor for that when
it's likely that the abstract was sent off for recording prepetition but the
recorder's office just took a couple months to get to it? I doubt this was an
intentional violation.
Debtor has a recent appraisal of the property and the lien does impair hisexemption.
Any advice is appreciated.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
If it was unintentional, start by asking them to record a release of the lienKenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2226Telephone: (818) 226-1205Facsimile : (818) 226-1213THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW,
DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.From: Holly Roark <hollyroark22@gmail.com>To: cdcbaa@yahoogroups.com; Strictly Bankruptcy Issues <BK@mail.nacba.org>Sent: Tue, June 19, 2012 10:46:51 AMSubject: [cdcbaa] Judgment lien recorded postpetition - do I do a 522(f) motion, or?
Abstract of Judgment was issued on 3/2, BK was filed on 4/2, abstract was recorded on 5/7. Debtor owns real property. Creditor and counsel received notice of BK. Do I do a 522(f) motion, or something else? It's a violation of the stay but is it worth it to file an action against the creditor for that when it's likely that the abstract was sent off for recording prepetition but the recorder's office just took a couple months to get to it? I doubt this was an intentional violation.
Debtor has a recent appraisal of the property and the lien does impair his exemption.Any advice is appreciated.Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
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