Central District Consumer Bankruptcy Attorney's Association

Hi Tuan -
I think that Jesse's and Shai's comments are correct and useful. I don't have any additional ideas right now, at least until we know more about the precise nature of the lien. Gary R. WallaceLaw Office of Gary R. Wallace1950 Sawtelle Boulevard, Suite 120Los Angeles, CA 90025Email: garyrwallace@ymail.comOffice: (310) 571-3511
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To: "cdcbaa@yahoogroups.com"
Sent: Wednesday, May 25, 2016 4:05 PM
Subject: RE: [cdcbaa] Personal Lien Discharged Chapter 7
bout that. Assuming that it is filed with the SOS or is an ORAP lien and its still creating problems for the debtor years later what would be the way to resolve it since the creditor wont voluntarily remove it from the debtors credit file? Regards, Tuan Le DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OFps.com]
Sent: Wednesday, May 25, 2016 3:25 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Personal Lien Discharged Chapter 7 I am not familiar with any money judgments that can be recorded with a county recorder's office to create personal property liens. Typically, abstracts or certified judgments create real property liens only, assuming they are properly recorded in the appropriate county recorder's office. Personal property liens are typically created by filing a notice of judgment lien with the CA Secretary of State, and they are of limited scope and duration (I think 5 years, but they can be renewed). An ORAP lien, which is another post-judgment property lien, is only one year in duration. Or is there something else I missed? Gary R. Wallace Law Office of Gary R. Wallace 1950 Sawtelle Boulevard, Suite 120 Los Angeles, CA 90025 Email:garyrwallace@ymail.com Office: (310) 571-3511 To: cdcbaa@yahoogroups.com
Sent: Wednesday, May 25, 2016 12:34 PM
Subject: [cdcbaa] Personal Lien Discharged Chapter 7 Dear List,
I received a call from a PC regarding a Chapter 7 BK they filed in pro se years ago. They stated that they received a discharge on the case.creditor filed a lien with the county that attached to their name and personal property prior to the BK filing and without their knowledge so it was not listed on the schedules. Fast forward, they tried to apply for a home loan and were denied because there is this lien against them filed with the county.
I've dealt with judgement liens on real property but not ones like this.f the debtor no longer has the property listed on Schedule B, does it survive the bankruptcy? Creditor has already stated that they would not release the lien voluntarily. Would filing the discharge order with the county if possible, be enough?
At this point since the creditor will not voluntarily remove it, I assume that I will need to file a motion to reopen and motion to avoid the lien against all of the debtors property listed on Schedule B. Is this correct?
Thanks,
Tuan Le

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