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Post discharge Judicial foreclosures by judgment lien=
As I explain to clients, you are filing for bankruptcy your home is not!
Hence, debt discharged to the person but lien remains with the land.
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
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Date: 10/27/2013 11:58 PM (GMT-08:00)
To: Cdcbaa Yahoo Listserv
Subject: Re: [cdcbaa] Post discharge Judicial foreclosures by judgment lien creditor
I agree with Michael's analysis. The lien carries through and can be exercised. Hence the need for the 522f motion. Move to reopen the case if you want to file the 522f.
On Sun, Oct 27, 2013 at 10:36 AM, Mark J. Markus wrote:
There are two main reasons I asked. One, I'm unsure of how judicial foreclosures work, but I recall a component of them is a money judgment, which would be in appropriate obviously for a discharged debt.
Second, I had someone else point out that the existence of the lien is based on there being an enforceable judgment (or in the absence of that, a security agreement, such as in the case of a mortgage). Once a debt is discharged in bankruptcy, it is no longer an enforceable judgment, so does the lien really survive? (and if so, what would the reason be for ever needing to file a 522f motion)?
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
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