Avoiding a Judicial Lien - need a bankruptcy genius
Posted: Thu May 18, 2017 7:18 pm
Yes
Sent from my iPhone
> On May 18, 2017, at 7:15 PM, Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
> Ive posted about this case before but need additional strategy: There is a state court order denying debtors homestead exemption on his $23k trailer and plot of land in Lebec, CA. Subsequently, debtor filed Ch7 and claimed a homestead exemption. A 522(f) motion to avoid judicial lien on real property was filed. Creditor opposed on collateral estopple that debtor is not entitled to a homestead (he did not reside in the property continuously from the time of the lien to the courts determination of exemption). There are some arguments to be made to counter the collateral estopple issue; however my thought now is that debtor amend his exemption to claim the wildcard. Can the debtor avoid a lien if it impairs a wildcard exemption on real property? This would remove the issue of whether he is barred from claiming a homestead.
>
>
>
>
>
>
>
>
>
>
>
> Shannon A. Doyle
>
> Attorney | Virtual Bankruptcy Assistant
>
> Phone: 855-378-4080
>
> Fax: 562-249-8435
>
> Licensed in California
>
>
>
>
>
>
>
>
>
>
The post was migrated from Yahoo.