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Avoiding Junior Lien following discharge in VZ case
Yes.
If done by motion the lien avoidance is conditioned on completion of payments or entry of discharge, thus the need for a subsequent declaration and order.
VZ no longer allows the AP for lien avoidance until the debtor is reasonably close to completing the plan.
Peter M. Lively
Peter@petermlively.com
11268 Washington Blvd.
Suite 203
Culver City, CA 90230
www.petermlively.com
> On May 29, 2015, at 11:06 AM, Jim Selth jim@wsrlaw.net [cdcbaa] wrote:
>
> To the Chapter 13 practitioners:
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>
>
> My Chapter 13 clients obtained a Default Judgment re Complaint to Avoid Junior Lien on Principal Residence in a Judge VZ case in 2011. Their Discharge is about to be entered.
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> My question is what is done next? If the junior lien had been avoided by Motion, Id file the Form 4003-2.4 Declaration After Discharge and Form 4003-2.4 Order After Discharge, which I could then record.
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> But I dont see an comparable set of forms for the judges who use adversary proceedings. I searched PACER for some old VZ cases in which there were adversary judgments and discharged Ch. 13s and didn certified copy of the original judgment, along with a certified copy of the discharge?
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> Jim
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> James R. Selth
> Certified Bankruptcy Specialist*
> Weintraub & Selth, APC
> 11766 Wilshire Boulevard, Suite 1170
> Los Angeles, California 90025
> Telephone: (310) 207-1494
> Facsimile: (310) 442-0660
> E-Mail: jim@wsrlaw.net
> Web: www.wsbankruptcylaw.com
>
>
> *Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
>
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The post was migrated from Yahoo.
That is what I have been doing.
-----OrigOOGROUPS.COM>Sent: May 29, 2015 11:06 AM To: "cdcbaa@yahoogroups.com" Subject: RE: [cdcbaa] Avoiding Junior Lien following discharge in VZ case
To the Chapter 13 practitioners:
My Chapter 13 clients obtained a Default Judgment re Complaint to Avoid Junior Lien on Principal Residenced.
My question is what is done next? If the junior lien had been avoided by Motion, Id file the Form 4003-2.4 Declaration After Discharge and Form 4003-2.4 Order After Discharge, which I could then record.
But I dont see an comparable set of forms for the judges who use adversary proceedings. I searched PACER for some old VZ cases in which there were adversary judgments and discharged Ch. 13s and didnt see anything filed after the discharge. Are attorney just recording a certified copy of the original judgment, along with a certified copy of the discharge?
Jim
James R. SelthCertified Bankruptcy Specialist*Weintraub & Selth, APC11766 Wilshire Boulevard, Suite 1170Los Angeles, California 90025Telephone: (310) 207-1494Facsimile: (310) 442-0660E-Mail: jim@wsrlaw.net
The post was migrated from Yahoo.