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Riverside: filing a motion to reopen to strip a judgment lien - questions re Riverside procedure
Holly:
Well, you know that where Riverside is concerned things are always a
little uncertain, but many attorneys don't wait and just file the
motions concurrently. I've done it successfully.
Steven B. Lever
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Holly:
I did one in OC, judge Smith, last month. I filed the motion to reopen and the 522(f) on the same day. After two weeks I filed declaraions re no opposition recieved and lodged orders on both motions, the same day. Judge Smith entered the order reopening in a day or two and signed the 522(f) a few days later. Can't say for sure what Riv judge will do, but that's my recent experience. I think there is no harm in filing and serving both particularly since both can properly be set on scream or die notice.
Jeff Smith
>
> Case is 3 years old and I am filing a motion to reopen to strip a judgment
> lien. I have the old appraisal so we have the value as of the filing date
> so no problems there.
>
> Question is: do I have to wait out the 17+ days to get the case reopened
> before I file the 522(f) motion or can I file the 522(f) the same time as
> the motion to reopen? I know I've snuck a few 522(f) motions onto the
> docket in (I think the valley or downtown) before the case was officially
> reopened but I am not familiar with Riverside procedure/etiquette.
>
> Thanks.
>
>
> Holly Roark
> holly@...
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
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