.jpg)
Chapter 7 Case with Judgment Lien recorded against Real Estate Question
Grace:
cannot renew the lien when there is no personal liability. Lien will expire. If anything is filed to try to renew the lien you must object and say there is no longer any liability.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Sep 26, 2014, at 12:59 PM, R Grace Rodriguez rgracelaw@gmail.com [cdcbaa] wrote:
>
> 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
>
>
On Sep 26, 2014, at 12:59 PM, R Grace Rodriguez rgracelaw@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
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) 734-7223CEL: (818) 554-9922
The post was migrated from Yahoo.
charsetndows-1252
So, appears you could re-open the case to afford relief to the debtor, and avoid the lien via 522(f)(a) or perhaps a Lam motion, using the value of the property at the time of the filing...
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Sep 26, 2014, at 4:08 PM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
>
> Well, there you go. I guess thats why I should never depend on my intuition and rely on research instead.
>
>
>
> Sent: Friday, September 26, 2014 2:09 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Chapter 7 Case with Judgment Lien recorded against Real Estate Question
>
>
>
>
>
> Here you go.
>
>
>
> The judgment is not void to the extent necessary to support a lien. (Songer v. Cooney (1989) 214 Cal.App.3d 387, 392. Thus, renewal of the judgment for the purpose of retaining a judgment lien does not violate discharge in bankruptcy. Songer v. Bordan, B153254, 2002 WL 1904425 (Cal. App. 2d Dist. 2002)
>
>
>
> Stella
>
> 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
>
>
>
>
charsetndows-1252
So, appears you could re-open the case to afford relief to the debtor, and avoid the lien via 522(f)(a) or perhaps a Lam motion, using the value of the property at the time of the filing...Jason
Jason Wallach
The post was migrated from Yahoo.
Here you go.
The judgment is not void to the extent necessary to support a lien. (Songer v. Cooney (1989) 214 Cal.App.3d 387, 392. Thus, renewal of the judgment for the purpose of retaining a judgment lien does not violate discharge in bankruptcy. Songer v. Bordan, B153254, 2002 WL 1904425 (Cal. App. 2d Dist. 2002)
Stella
The post was migrated from Yahoo.
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
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?
The post was migrated from Yahoo.