Avoiding a lien that isn't a lien [9 Attachments]

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Reply-To: "MARIA W. TAM"
X-Original-Return-Path: "MARIA W. TAM"
To: cdcbaa@yahoogroups.com
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I have encountered this problem twice. Both times, I just reopened the
case and filed a Motion to Avoid lien and then recorded the Order removing
the judgment lien with Los Angeles County Recorder Office to clear the
judgment lien.
On Fri, Oct 13, 2017 at 4:22 PM, John Faucher j.d.faucher@sbcglobal.net
[cdcbaa] wrote:
>
> [Attachment(s) from John Faucher
> included below]
>
> Under what theory? The creditor is taking no affirmative act to collect
> the debt. The discharge injunction doesn't require a creditor to take
> affirmative acts, merely to refrain from doing so (with the exception of
> reporting to credit agencies). I haven't found any authority to throw at
> the creditor, and that's what I'm looking for. Most cases I read suggest
> that I, not the creditor, need to take action here; but those cases are
> pretty old, and I haven't found anything more recent than a decade.
> - John D. Faucher
>
>
> On Friday, October 13, 2017 3:52 PM, "David Tilem DavidTilem@TilemLaw.com
> [cdcbaa]" wrote:
>
>
>
> Discharge violation demand that creditor take corrective action. Sue in
> Bk Court for breach of Discharge Injunction.
>
> *David A. Tilem*
> *Certified Bankruptcy Specialist Since 1997*
> Law Offices of David A. Tilem
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
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Reply-To: Jeff Hagen
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