Judgment Lien enforcement
Posted: Wed Jul 31, 2013 1:53 am
I don't know if anyone can get back to me before my hearing tomorrow at
11:00 a.m. and I don't think I'll have time to discuss in depth with
David/Sylvia before the hearing but...
Consensual liens have a carve out for postpetition rents/profits etc under
section 552 of the code.
What if a judgment creditor is attempting to paint itself as having an
interest in postpetition rents because of either their abstract of judgment
and/or judgment lien on personal property (and thereby cash collateral).
Isn't this a violation of the automatic stay? I'm looking specifically at
(a)(4) or (5).
Have any of you sought approval of a judgment creditor for the use of cash
collateral? Or sued them for violation of the automatic stay?
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
I don't know if anyone can get back to me before my he
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