charsetndows-1252
So, appears you could re-open the case to afford relief to the debtor, and avoid the lien via 522(f)(a) or perhaps a Lam motion, using the value of the property at the time of the filing...
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Sep 26, 2014, at 4:08 PM, 'Steven B. Lever'
sblever@leverlaw.com [cdcbaa] wrote:
>
> Well, there you go. I guess thats why I should never depend on my intuition and rely on research instead.
>
>
>
> Sent: Friday, September 26, 2014 2:09 PM
> To:
cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Chapter 7 Case with Judgment Lien recorded against Real Estate Question
>
>
>
>
>
> Here you go.
>
>
>
> The judgment is not void to the extent necessary to support a lien. (Songer v. Cooney (1989) 214 Cal.App.3d 387, 392. Thus, renewal of the judgment for the purpose of retaining a judgment lien does not violate discharge in bankruptcy. Songer v. Bordan, B153254, 2002 WL 1904425 (Cal. App. 2d Dist. 2002)
>
>
>
> Stella
>
> Sent: Friday, September 26, 2014 1:18 PM
> To:
cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Chapter 7 Case with Judgment Lien recorded against Real Estate Question
>
>
>
>
>
> You may be right, but I wonder if anyone has any case law on the subject.
>
>
>
> It seems to me a lien is a method to enforce a judgment. The judgment is the thing being renewed, not the lien, and the renewed judgment gives effect to the lien.
>
>
>
> So it seems counterintuitive to my understanding of the law that the judgment can be renewed.
>
>
>
> Steve Lever
>
>
>
> Sent: Friday, September 26, 2014 1:09 PM
> To:
cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Chapter 7 Case with Judgment Lien recorded against Real Estate Question
>
>
>
>
>
> The lien was not discharged. They can renew the lien for another 10 years.
>
> -----Original Message-----
> Sent: Sep 26, 2014 12:59 PM
> To: "
cdcbaa@yahoogroups.com"
> Subject: [cdcbaa] Chapter 7 Case with Judgment Lien recorded against Real Estate Question
>
> Dear Members: Interesting question came up:
>
> PC called. She filed chapter 7 four years ago. There was a judgment lien
> which attorney never did 11 USC 522(f) motion to remove. The judgment will
> be 10 years old and if Iunderstand correctly, her chapter 7 discharge
> relieved her from further personal liability for the debt. THerefore it
> seems that renewing the judgment would be a violation of the Discharge
> Injunction. So if the Judgment expires in 10 years and it can't be
> renewed, then does the Judgment Lien recorded against her property simply
> evaporate? Or does does it continue in place forever?
>
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
>
>
>
charsetndows-1252
So, appears you could re-open the case to afford relief to the debtor, and avoid the lien via 522(f)(a) or perhaps a Lam motion, using the value of the property at the time of the filing...Jason
Jason Wallach
The post was migrated from Yahoo.