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Chapter 7 Case with Judgment Lien recorded against Real E=
ca ccp
337.5. Within 10 years: (a) An action upon any general obligation bonds or coupons, not secured in whole or in part by a lien on real property, issued by any county, city and county, municipal corporation, district (including school districts), or other political subdivision of the State of California.
(b) An action upon a judgment or decree of any court of the United States or of any state within the United States.
ca is a state, so 337.5 (b)'s 10 year limit applies to CA judgments.
but, I wont argue with Stella's cases
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Sep 26, 2014, at 1:43 PM, 'Vernon L. Ellicott, Esq.' vle@vlelaw.com [cdcbaa] wrote:
>
> Judgments dont have to be renewed in CA. Judgments do not expire in CA anymore.
>
>
>
> Vernon L. Ellicott, Esq.
>
> Certified Family Law Specialist
>
> California State Bar Board of Legal Specialization
>
> Family Law, Bankruptcy, and Estate Planning
>
> Law Offices of Vernon L. Ellicott
>
> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd., Suite 411
>
> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
>
> (805) 446-6262 (661) 222-2922
>
> (805) 446-6264 Fax
>
>
>
>
>
> This e-mail transmission and any documents, files, or previous e-mail messages attached to it, may contain confidential information from the LAW OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you received this transmission in error, please immediately notify us by reply e-mail, or by telephone at (805) 446-6262, and destroy the original transmission and its attachments and all copies of any kind, without reading them or saving them in any way. Thank you.
>
>
>
> A bad day on the bike is better than a good day on the golf course!
>
>
>
>
>
> Sent: Friday, September 26, 2014 1:18 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Chapter 7 Case with Judgment Lien recorded against Real Estate Question
>
>
>
>
>
> You may be right, but I wonder if anyone has any case law on the subject.
>
>
>
> It seems to me a lien is a method to enforce a judgment. The judgment is the thing being renewed, not the lien, and the renewed judgment gives effect to the lien.
>
>
>
> So it seems counterintuitive to my understanding of the law that the judgment can be renewed.
>
>
>
> Steve Lever
>
>
>
> Sent: Friday, September 26, 2014 1:09 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Chapter 7 Case with Judgment Lien recorded against Real Estate Question
>
>
>
>
>
> The lien was not discharged. They can renew the lien for another 10 years.
>
> -----Original Message-----
> Sent: Sep 26, 2014 12:59 PM
> To: "cdcbaa@yahoogroups.com"
> Subject: [cdcbaa] Chapter 7 Case with Judgment Lien recorded against Real Estate Question
>
> Dear Members: Interesting question came up:
>
> PC called. She filed chapter 7 four years ago. There was a judgment lien
> which attorney never did 11 USC 522(f) motion to remove. The judgment will
> be 10 years old and if Iunderstand correctly, her chapter 7 discharge
> relieved her from further personal liability for the debt. THerefore it
> seems that renewing the judgment would be a violation of the Discharge
> Injunction. So if the Judgment expires in 10 years and it can't be
> renewed, then does the Judgment Lien recorded against her property simply
> evaporate? Or does does it continue in place forever?
>
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
>
>
The post was migrated from Yahoo.
Try in re O'Callaghan, 342 BR 364. This was an IRS lien, but I would think that the same reasoning applies to a judgment lien.
- John D. Faucher
818/889-8080
On Friday, September 26, 2014 1:43 PM, "'Vernon L. Ellicott, Esq.' vle@vlelaw.com [cdcbaa]" wrote:
Judgments dont have to be renewed in CA. Judgments do not expire in CA anymore.
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
California State Bar Board of Legal Specialization
Family Law, Bankruptcy, and Estate Planning
Law Offices of Vernon L. Ellicott
325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd., Suite 411
Thousand Oaks, CA 91360-7799 Valencia, CA 91355
(805) 446-6262 (661) 222-2922
(805) 446-6264 Fax
This e-mail transmission and any documents, files, or previous e-mail messages attached to it, may contain confidential information from the LAW OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you received this transmission in error, please immediately notify us by reply e-mail, or by telephone at (805) 446-6262, and destroy the original transmission and its attachments and all copies of any kind, without reading them or saving them in any way. Thank you.
A bad day on the bike is better than a good day on the golf course!
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Friday, September 26, 2014 1:18 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Chapter 7 Case with Judgment Lien recorded against Real Estate Question
You may be right, but I wonder if anyone has any case law on the subject.
It seems to me a lien is a method to enforce a judgment. The judgment is the thing being renewed, not the lien, and the renewed judgment gives effect to the lien.
So it seems counterintuitive to my understanding of the law that the judgment can be renewed.
Steve Lever
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Friday, September 26, 2014 1:09 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Chapter 7 Case with Judgment Lien recorded against Real Estate Question
The lien was not discharged. They can renew the lien for another 10 years.Sent: Sep 26, 2014 12:59 PM
To: "cdcbaa@yahoogroups.com"
Subject: [cdcbaa] Chapter 7 Case with Judgment Lien recorded against Real Estate Question
Dear Members: Interesting question came up:
PC called. She filed chapter 7 four years ago. There was a judgment lien
which attorney never did 11 USC 522(f) motion to remove. The judgment will
be 10 years old and if Iunderstand correctly, her chapter 7 discharge
relieved her from further personal liability for the debt. THerefore it
seems that renewing the judgment would be a violation of the Discharge
Injunction. So if the Judgment expires in 10 years and it can't be
renewed, then does the Judgment Lien recorded against her property simply
evaporate? Or does does it continue in place forever?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
The post was migrated from Yahoo.