Central District Consumer Bankruptcy Attorney's Association

Most of my cases are in Ventura County. The Ventura County Recorder
refuses to record discharge notices because they are not included in the list of
recordable documents for the state of California, so this is an issue I
have with every LAM motion case in Ventura County, be it Chapter 13 or 20.
The correct form to use when you there is no discharge to record or wherethe county recorder will not record the discharge, is the "Declaration RE:Debtor's Motion to Avoid Junior Lien on Principal Residence" Form
4003-2.4.DEC.AFTERDISCH. It is a new form first introduced in December 2012. The
form is very confusing and in need of revision since in the caption it says
to file along with the Motion to Avoid Junior Lien, which of course is
nonsense, because the Motion is filed years earlier. I posted on this topic
several months ago, without a response. There are no local rules or
instructions on how to use this form i.e. ex parte vs. noticed motion. I spoke
with ECF help desk and the best the collective thoughts of the clerks there
and I could determine was to file that form ex parte as a supplemental
declaration to the original motion and then lodge the order - Form
4003-2.4.ORDER.AFTERDISCH and see what happens. I did this and the Order was signed
the next day. Record a certified copy of the Form 4003-2.4.ORDER.AFTERDISCH
and you are done.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 6/26/2013 6:47:39 P.M. Pacific Daylight Time,
JEC@locs.com writes:
File the form declaration after discharge/plan completion and order after discharge/plan completion that's on the court website in the 3015 series offorms. Presumably you'd say avoidance was subject to plan completion, andthat occurred. Order Would then presumably be signed by judge, and you
record that order. I attach copy of the trust deed to be avoided to the
order as an exhibit. You could/should do that in the standard non-ch20 cases
too, makes it crystal clear what lien is being avoided and you don't haveto also record the discharge.
Sent from my iPad
On Jun 26, 2013, at 6:40 PM, "Mark J. Markus" wrote:
What is the best way to effectuate the Order Avoiding a Junior Lien in a
Chapter 20?
I'm just anticipating this issue, but in the normal Chapter 13 (where thedischarge is the triggering event to avoidance), I just record a copy of
the Order along with a copy of the discharge notice. However, as you allknow (well, maybe not all of you), in a Chapter 20 scenario, the avoidance is
linked to completion of the Chapter 13 plan. So what should get recordedthat shows the Plan has been "completed"? Or should merely a demand be
made on the creditor whose lien has been avoided to reconvey at that time?
What have you all been doing on this issue?
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board ofLegal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this means
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