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Avoiding a judgment lien if there are no impaired exemptions
That's because Nick is the Best!
Everyone have a great day!
Sincerely,
*Daniela P. Romero*
*Law Office of Daniela P. Romero, APLC*
*1015 North Lake Ave., Ste. 212*
*Pasadena, CA 91104*
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This answer is not endorsed by my firm but I thought I'd give my 2 cents
since I've been thinking about this subject. All references are to CCP. I
have not looked at any case law, just been skimming the code but I hope
this is helpful.
The money judgment is satisfied upon entry of bankruptcy discharge.
695.210. The amount required to satisfy a money judgment is the total
amount of the judgment as entered or renewed with the following additions
and subtractions:
...
(d) The subtraction of the amount of any portion of the judgment that is
no longer enforceable.
You can either ask the creditor to remove the lien or you can remove it
yourself. To remove yourself:
697.400. (a) The judgment creditor, judgment debtor ... may record in the
office of the county recorder an acknowledgment of satisfaction of judgment
... Upon such recording, the judgment lien created under the judgment that
has been satisfied is extinguished as a matter of record.
I would go another route personally:
724.050. (a) If a money judgment has been satisfied, the judgment debtor,
the owner of real or personal property subject to a judgment lien created
under the judgment, or a person having a security interest in or a lien on
personal property subject to a judgment lien created under the judgment may
serve personally or by mail on the judgment creditor a demand in writing
that the judgment creditor do one or both of the following:
(1) File an acknowledgment of satisfaction of judgment with the court.
(2) Execute, acknowledge, and deliver an acknowledgment of satisfaction
of judgment to the person who made the demand.
...
(ATTORNEY FEES)
(e) If the judgment has been satisfied and the judgment creditor fails
without just cause to comply with the demand within the time allowed, the
judgment creditor is liable to the person who made the demand for all
damages sustained by reason of such failure
724.080. In an action or proceeding maintained pursuant to this chapter,
the court shall award reasonable attorney's fees to the prevailing party.
724.090. The damages recoverable pursuant to this chapter are not in
derogation of any other damages or penalties to which an aggrieved person
may be entitled by law.
Sincerely,
Michael Avanesian
On Mon, Aug 4, 2014 at 7:42 PM, Nicholas Gebelt ngebelt@gebeltlaw.com
[cdcbaa] wrote:
>
>
> Dear Listmates,
>
>
>
> I have a Chapter 7 client who received his discharge the case is still
> open because of a pending stay violation action. My client had a grand
> total of $5,187.04 in assets, all listed on Schedule B and exempted on
> Schedule C.
>
>
>
> Among his discharged debts is a debt to his former divorce attorney. In
> 2005 the attorney got a judgment against my client, and renewed the
> judgment in 2012. He recorded a judgment lien against my client, but not
> against any particular asset. The balance on the debt as listed in the
> renewed judgment is $14,825.53.
>
>
>
> 11 U.S.C. 522(f) permits a debtor to avoid a judgment lien to the extent
> that it impairs an exemption of an asset. In this case, there is a
> judgment lien, but no impaired exemption. My client understands that his *in
> personam *liability was discharged, so the attorney cannot collect on the
> debt. However, he really wants to get rid of the lien. Any suggestions?
>
>
>
> Thanks,
>
>
>
> Nick
>
>
>
> *Nicholas Gebelt*
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist
>
>
>
> [image: Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0]
>
>
>
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>
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>
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>
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>
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>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
>
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This answer is not endorsed by my firm but I thought
The post was migrated from Yahoo.