Avoiding a lien that isn't a lien =C2=A0 =C2=A0 Hello d=
Posted: Fri Oct 13, 2017 4:22 pm
Under what theory? The creditor is taking no affirmative act to collect the debt. The discharge injunction doesn't require a creditor to take affirmative acts, merely to refrain from doing so (with the exception of reporting to credit agencies). I haven't found any authority to throw at the creditor, and that's what I'm looking for. Most cases I read suggest that I, not the creditor, need to take action here; but those cases are pretty old, and I haven't found anything more recent than a decade.- John D. Faucher
On Friday, October 13, 2017 3:52 PM, "David Tilem DavidTilem@TilemLaw.com [cdcbaa]" wrote:
Discharge violation demand that creditor take corrective action. Sue in Bk Court for breach of Discharge Injunction. David A. Tilem Certified Bankruptcy Specialist Since 1997 Law Offices of David A. Tilem 206 N. Jackson St., #201 Glendale, CA 91206 Tel: 818-507-6000mLaw.com 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. Sent: Friday, October 13, 2017 3:51 PM
To: Cdcbaa Yahoo Listserv
Subject: [cdcbaa] Avoiding a lien that isn't a lien Hello dear listers: Client had an abstract of judgment recorded against her in 2011, when she owned no real property. She filed a chapter 7 bankruptcy and got her discharge in 2016. This year, her husband granted her a half-interest, jointly, in his house. Abstract creditor has so far refused to release the abstract, and client can't refinance because of it. How do I move forward? It's not a statutory lien, nor a lien impairing an exemption (actually, it may be, but that seems beside the point here, because it's a lien that doesn't even exist). It's not avoidable under 547, because not preferential. Under In re Thomas, 102 BR 199, it looks like I need to file a motion to expunge the abstract. Is a motion to expunge still the prop
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