motion to avoid lien
Posted: Wed Aug 04, 2004 5:54 pm
Dear Group,
I filed a Motion to Avoid Lien on a Chapter 7 case. The lien amount
is $4,000. An abstract of judgment was filed against the debtor
prior to the filing of his BK. The debtor's house is valued at
approx. $335,000 and his mortgage is $285,000. We took the 703
homestead exemption in the amount of $50,000. Judge Carroll denied
the Motion stating that the lien in question does not impair an
exemption. This is my first Motion to Avoid Lien. Can someone tell
me why Judge Carroll denied my Motion. Also, any suggestions on how
I can get the lien avoided?
Sincerely,
Mark C. Kim
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