.jpg)
Chapter 7 Case with Judgment Lien recorded against Real
I don't know if it makes a difference (since it may be preempted) but ccp
683.140 provides a mechanism for renewal of judgments in situations where
the personal liability has been discharged due to bankruptcy.
"the judgment creditor shall omit the name of a judgment debtor from the
application for a writ of execution if the liability of that judgment
debtor has ceased with regard to the judgment"
The section mentions that discharge could be from where "(1) The judgment
debtor has obtained a discharge of the judgment pursuant to Title 11 of the
United States Code and notice thereof has been filed with the court."
I think there is still room for violations of the discharge injunction.
Like what about postpetition appreciation in property value, does the lien
continue to accrue interest? If not, then the renewed judgment lien better
state the correct amount (same with partial lien-strip). Of course, if the
renewal has the name of the debtor, it's definitely a violation.
Sincerely,
Michael Avanesian
On Mon, Sep 29, 2014 at 2:12 PM, 'Stella Havkin' havkinlaw@earthlink.net
[cdcbaa] wrote:
>
>
> That is what my research showed. I posted the same thing.
>
>
>
> Stella
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Monday, September 29, 2014 2:05 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Chapter 7 Case with Judgment Lien recorded
> against Real Estate Question
>
>
>
>
>
> I disagree with Dennis. I researched this issue a few weeks ago, and I
> believe that not only can the judicial lien be enforced *in rem*, after
> discharge and after closing, per *Dewsnup v. Timm*, 502 U.S. 410, 417-18
> (1992), but also that the judicial lien can be renewed.
>
>
>
> Creditors are not prevented from postdischarge enforcement of a valid
> lien on property of the debtor that existed at the time of the entry of the
> order for relief, if the lien was not avoided under the Code. 4 L. King, *Collier
> on Bankruptcy* 524.02[2][d], pp 524-21 to 524-22 (rev. 15th ed. 2001).
> Enforcement, however, is limited to recovery from the collateral because a
> debtors personal liability is discharged. *Johnson v. Home State Bank*,
> 501 U.S. 78, 84 (1991).
>
>
>
> Finally, see *Songer v. Cooney*, 214 Cal. App. 3d 387, 391 (1989), which
> held:
>
>
>
> Generally, valid, perfected judicial liens which precede bankruptcy
> survive and are enforceable after bankruptcy. . . . The bankruptcy
> discharge does not prevent post-petition enforcement of valid liens. The
> secured creditor may proceed to enforce the lien, as an in rem action, and
> is not barred by the injunctive terms of 11 U.S.C. 524. (In re
> Hermansen, 84 B.R. 729, 733 (Bankr. D. Colo. 1988)
>
>
>
> In other words, a discharge in bankruptcy voids a judgment only to the
> extent of the debtors personal liability. A discharge does not affect a
> judgment to the extent that it supports a lien perfected prior to
> bankruptcy. As to such liens the judgment remains valid and enforceable
> after discharge.
>
>
>
> Dennis is right that there is no personal liability on the judgment, but
> the lien can be enforced, and I believe renewed, based on this case law.
> If there is any case law to the contrary, Id be very interested in seeing
> it.
>
>
>
> Jim
>
>
>
> James R. Selth
> Certified Bankruptcy Specialist*
> Weintraub & Selth, APC
> 11766 Wilshire Boulevard, Suite 1170
> Los Angeles, California 90025
> Telephone: (310) 207-1494
> Facsimile: (310) 442-0660
> E-Mail: jim@wsrlaw.net
>
> *Certified by State Bar of California as Certified Legal Specialist in
> Bankruptcy Law
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
> NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Sunday, September 28, 2014 8:12 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] 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
>
> [image: cid:part1.03050307.05030101@bklaw.com]
>
>
> 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
>
>
>
>
>
I don't know if it makes a difference (since it may be preempted) but ccp 683.140 provides a mechanism for renewal of judgments in situations where the personal liability has been discharged due to bankruptcy."the judgment creditor shall omit the name of a judgment debtor from the application for a writ of execution if the liability of that judgment debtor has ceased with regard to the judgment"The section mentions that discharge could be from where "(1) The judgment debtor has obtained a discharge of the judgment pursuant to Title 11 of the United States Code and notice thereof has been filed with the court."I think there is still room for violations of the discharge injunction. Like what about postpetition appreciation in property value, does the lien continue to accrue interest? If not, then the renewed judgment lien better state the correct amount (same with partial lien-strip). Of course, if the renewal has the name of the debtor, it's definitely a violation.Sincerely, Michael AvanesianOn Mon, Sep 29, 2014 at 2
The post was migrated from Yahoo.