.jpg)
Renewal of Judgment post-discharge violate 524?
No. Renewal of the judgment is not a violation to maintain the lien. Any attempt to otherwise collect on the money judgment would be a violation.
Eric
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, CA 90503
(310) 792-5864 (tel)
(310) 347-4353 (fax)
MitnickLaw@aol.com
Sent from my iPhone
> On Aug 11, 2017, at 9:17 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> Facts: Creditor has a prepetition judgment against debtor, with lien attached to debtor's home.
> Debtor files Chapter 7 and gets a discharge, but of course does not do a 522(f) motion.
>
> Several years after discharge, creditor renews the judgment as required.
>
> Issue: Does the judgment renewal violate the post discharge injunction of 11 USC 524?
>
> Anyone research this before? I'm not able to find any authority for it, but sure seems to me like that would be a violation.
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> Mailing Address Only:
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
The post was migrated from Yahoo.
Renewing the judgment isn't an attempt to collect on the debt? If
not, what is it?
On 8/11/2017 9:27 AM, David Tilem DavidTilem@TilemLaw.com [cdcbaa]
wrote:
>
>
> Don’t think so – it’s still a non-recourse debt because of the
> discharge.
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
> Toll Free: 888-BK PRO 4U (888-257-7648)
>
> www.TilemLaw.com
>
> square-facebook-24
> square-twitter-24
> square-linkedin-24
>
> square-google-plus-24
>
>
> cid:image005.png@01D0C939.A54B78D0
> cid:image006.png@01D0C939.A54B78D0 SL
>
> AVVO
>
> av
>
> The pages comprising this transmission may contain CONFIDENTIAL
> INFORMATION from Law Offices of David A. Tilem. This information
> is intended solely for use by the individual or entity named as
> the recipient hereof. If you are not the intended recipient, be
> aware that any disclosure, copying, distribution, or use of the
> contents of this transmission is prohibited. If you have received
> this transmission in error, please notify us by telephone
> immediately so we may arrange and correct this transmission.
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Friday, August 11, 2017 9:17 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Renewal of Judgment post-discharge violate 524?
>
> Facts: Creditor has a prepetition judgment against debtor, with
> lien attached to debtor's home.
> Debtor files Chapter 7 and gets a discharge, but of course does
> not do a 522(f) motion.
>
> Several years after discharge, creditor renews the judgment as
> required.
>
> Issue: Does the judgment renewal violate the post discharge
> injunction of 11 USC 524?
>
> Anyone research this before? I'm not able to find any authority
> for it, but sure seems to me like that would be a violation.
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *_Mailing Address Only:_*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California
> Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law
> office of Mark J. Markus that may be privileged. The information
> is intended for the use of the addressee only. If you are not the
> addressee, note that any disclosure, copy, distribution or use of
> the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. tax advice
> contained in this communication (or in any attachment) is not
> intended or written to be used, and cannot be used, for the
> purpose of (i) avoiding penalties under the Internal Revenue Code
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed in this communication.
>
>
>
>
>
>
> Virus-free. www.avg.com
>
>
>
>
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
The post was migrated from Yahoo.
Facts: Creditor has a prepetition judgment against debtor, with
lien attached to debtor's home.
Debtor files Chapter 7 and gets a discharge, but of course does not
do a 522(f) motion.
Several years after discharge, creditor renews the judgment as required.
Issue: Does the judgment renewal violate the post discharge
injunction of 11 USC 524?
Anyone research this before? I'm not able to find any authority for
it, but sure seems to me like that would be a violation.
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
The post was migrated from Yahoo.