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Another Post Discharge Lien Removal Question
That does not matter. What matters is the facts as they existed on the
Petition Date. That usually means you have to get an appraisal as of the
petition date to complete the 522f motion and you may need to amend the
schedules to exempt at least a dollar. You may also need evidence of the
balance of the encumbrances as of the petition date , which can be
difficult. Otherwise, they're straightforward.
On Tue, Jul 10, 2018 at 11:19 AM, tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
>
> Dear List,
>
> I have a PC that came in with an old Chapter 7 discharge where the lien
> was never removed from their house because the home was underwater at the
> time. Although this scenario is similar to most we encounter this one is a
> bit different.
>
> The PC has already sold the home and somehow was able to convince the
> escrow company to withhold the funds for that judgment lien to allow the PC
> to obtain a lien removal from the court. Once the lien is removed, then
> the funds will be released to the PC.
>
> My question is, does the fact that the PC no longer owns the home affect
> their ability to remove the judgment lien at this point with the Court?
> Thanks in advance for any insight.
>
> Thanks,
> Tuan Le
>
>
>
>
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That does not matter. What matters is the facts as they existed on the Petition Date. That usually means you have to get an appraisal as of the petition date to complete the 522f motion and you may need to amend the schedules to exempt at least a dollar. You may also need evidence of the balance of the encumbrances as of the petition date , which can be difficult. Otherwise, they're straightforward.On Tue, Jul 10, 2018 at 11:19 AM, tuanl@stevelopezlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Dear List,I have a PC that came in with an old Chapter 7 discharge where the lien was never removed from their house because the home was underwater at the time. Although this scenario is similar to most we encounter this one is a bit different.how was able to convince the escrow company to withhold the funds for that judgment lien to allow the PC to obtain a lien removal from the court.>My question is, does the fact that the PC no longer owns the home affect their ability to remove the judgment lien at this point with the Court? Thanks in advance for any insight.Thanks,Tuan Le
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