Central District Consumer Bankruptcy Attorney's Association

Jim,
Did you consider CCP 695.210(d)?
695.210.
The amount required to satisfy a money judgment is the total amount of the
judgment as entered or renewed with the following additions and
subtractions:
(a) The addition of costs added to the judgment pursuant to Section 685.090.
(b) The addition of interest added to the judgment as it accrues pursuant
to Sections 685.010 to 685.030, inclusive.
(c) The subtraction of the amount of any partial satisfactions of the
judgment.
*(d) The subtraction of the amount of any portion of the judgment that is
no longer enforceable.*
Sincerely,
*Michael Avanesian *
*[image: avanesian-law-logo-modern]*
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: (818) 276-2477 | (818) 208-4550
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On Fri, Aug 26, 2016 at 9:12 AM, Jim Selth jim@wsrlaw.net [cdcbaa] wrote:
>
>
> Michael:
>
>
>
> I disagree. CCP 724.050 applies to situations in which a money judgment
> is satisfied. The discharge of a judgment in bankruptcy is not a
> satisfaction.
>
>
>
> Jim
>
>
>
> 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
>
> Commissioner, Bankruptcy Law Advisory Commission, State Bar of California.
>
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> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Monday, August 22, 2016 12:03 AM
> *To:* CDCBAA List Serve
> *Subject:* Re: [cdcbaa] CA question - do you record the BK discharge so
> that pre-BK judgments do not show up on title to after-acquired real
> property?
>
>
>
>
>
> If you ask them to remove the lien, they must. See CCCP 724.050.
>
>
>
>
> Sincerely,
>
>
>
> *Michael Avanesian, Esq. *
>
> Avanesian Law Firm
>
> 801 N. Brand Blvd., Suite #1130
> Glendale, CA 91203
>
> Tel: 818.276.2477 | Fax: 818.208.4550
>
>
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> for the purpose of (i) avoiding penalties under the Internal Revenue Code,
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed herein.
>
>
>
> On Sat, Aug 20, 2016 at 5:00 PM, 'MARIA W. TAM' TAMMAILBOX@GMAIL.COM
> [cdcbaa] wrote:
>
>
>
> Creditors do not have to record anything to help debtors to remove
> the judgment lien even if the judgment lien is no longer enforceable.
> Usually, at the time of the filing of BK, I will file a motion to avoid
> lien even if debtor has no real property for the judgment lien to attach
> to. Then I will record the "Order avoiding judgment lien" with the LA
> County Recorder's Office. That shall clear the record.
>
>
>
>
>
>
>
>
>
> On Fri, Aug 19, 2016 at 1:04 PM, Holly Roark hollyroark22@gmail.com
> [cdcbaa] wrote:
>
>
>
> It seems that lately some of my clients who didn't own real estate when we
> filed BK years ago are now having that problem of old judgment liens
> "attaching" to property acquired after the BK discharge. I usually just
> send a copy of the discharge to the title company and they will then ignore
> the old judgment.
>
>
>
> However, I am wondering whether the creditor is obligated to record
> something about the discharge in order to make sure that the judgment lien
> doesn't appear to attach to after acquired property, or if I should be
> recording a copy of the discharge right after the discharge is entered.
>
>
>
> What is your approach?
>
>
> Holly Roark
>
> Certified Bankruptcy Specialist*
>
> *and Sports Lawyer*
>
> holly@roarklawoffices.com **primary email address**
>
> www.roarklawoffices.com
>
> *Central District of California & District of Idaho* - Consumer
> Bankruptcy Attorney
>
> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>
> T (310) 553-2600; F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
>
>
>
>
>
>
>
Jim,Did you consider CCP 695.210(d)?px 0.1em;font-size:1em;margin:0px;vertical-align:baseline;font-family:Arial
The post was migrated from Yahoo.

If you ask them to remove the lien, they must. See CCCP 724.050.
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law Firm
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: 818.276.2477 | Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
On Sat, Aug 20, 2016 at 5:00 PM, 'MARIA W. TAM' TAMMAILBOX@GMAIL.COM
[cdcbaa] wrote:
>
>
> Creditors do not have to record anything to help debtors to remove
> the judgment lien even if the judgment lien is no longer enforceable.
> Usually, at the time of the filing of BK, I will file a motion to avoid
> lien even if debtor has no real property for the judgment lien to attach
> to. Then I will record the "Order avoiding judgment lien" with the LA
> County Recorder's Office. That shall clear the record.
>
>
>
>
> On Fri, Aug 19, 2016 at 1:04 PM, Holly Roark hollyroark22@gmail.com
> [cdcbaa] wrote:
>
>>
>>
>> It seems that lately some of my clients who didn't own real estate when
>> we filed BK years ago are now having that problem of old judgment liens
>> "attaching" to property acquired after the BK discharge. I usually just
>> send a copy of the discharge to the title company and they will then ignore
>> the old judgment.
>>
>> However, I am wondering whether the creditor is obligated to record
>> something about the discharge in order to make sure that the judgment lien
>> doesn't appear to attach to after acquired property, or if I should be
>> recording a copy of the discharge right after the discharge is entered.
>>
>> What is your approach?
>>
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> *and Sports Lawyer*
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> *Central District of California & District of Idaho* - Consumer
>> Bankruptcy Attorney
>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>> T (310) 553-2600; F (310) 553-2601
>>
>> *By State Bar of California Board of Legal Specialization
>>
>>
>>
>
>
If you ask them to remove the lien, they must. See CCCP 724.050.Sincerely,Michael Avanesian, Esq.Avanesian Law Firm801 N. Brand Blvd., Suite #1130
The post was migrated from Yahoo.

Reply-To: "MARIA W. TAM"
X-Original-Return-Path: "MARIA W. TAM"
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Creditors do not have to record anything to help debtors to remove
the judgment lien even if the judgment lien is no longer enforceable.
Usually, at the time of the filing of BK, I will file a motion to avoid
lien even if debtor has no real property for the judgment lien to attach
to. Then I will record the "Order avoiding judgment lien" with the LA
County Recorder's Office. That shall clear the record.
On Fri, Aug 19, 2016 at 1:04 PM, Holly Roark hollyroark22@gmail.com
[cdcbaa] wrote:
>
>
> It seems that lately some of my clients who didn't own real estate when we
> filed BK years ago are now having that problem of old judgment liens
> "attaching" to property acquired after the BK discharge. I usually just
> send a copy of the discharge to the title company and they will then ignore
> the old judgment.
>
> However, I am wondering whether the creditor is obligated to record
> something about the discharge in order to make sure that the judgment lien
> doesn't appear to attach to after acquired property, or if I should be
> recording a copy of the discharge right after the discharge is entered.
>
> What is your approach?
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> *Central District of California & District of Idaho* - Consumer
> Bankruptcy Attorney
> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
> T (310) 553-2600; F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
>
>
Creditors do not have to record anything to help debtors to remove the judgment lien even if the judgment lien is no longer enforceable. Usually, at the time of the filing of BK, I will file a motion to avoid lien even if debtor has no real property for the judgment lien to attach to. Then I will record the "Order avoiding judgment lien" with the LA County Recorder's Office. Thatshall clear the record. On Fri, Aug 19, 2016 at 1:04 PM, Holly Roark hollyroark22@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
It seems that lately some of my clients who didn't own real estate when we filed BK years ago are now having that problem of old judgment liens "attaching" to property acquired after the BK discharge. I usually just send a copy of the discharge to the title company and they will then ignore the old judgment.However, I am wondering whether the creditor is obligated to record something about the discharge in order to make sure that the judgment lien doesn't appear to attach to after acquired property, or if I should be recording a copy of the discharge right after the discharge is entered.What is your approach?
The post was migrated from Yahoo.