attorney's lien
Posted: Wed Feb 20, 2013 7:00 pm
Jason is correct. It is just a judgment lien from a lawyer who happens to be for a divorce lawyer. I think it is a preference. I was just questioning about the notice of lien and whether I can avoid and if I can just avoid through a motion. I was overthinking this.
Sent from my Stella Havkin's iPad
On Feb 20, 2013, at 6:50 PM, "Patrick T. Green" wrote:
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> From your facts, it is a jmt lien. There are liens that attys can get in family law cases from their clients that are consensual, but your facts do not indicate that.
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> Why would it not be preference?
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> If you have any questions or concerns, please contact me.
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> Pat
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> Patrick T. Green
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> Attorney at Law
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> Fitzgerald & Green
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> 1010 E. Union St. Ste. 206
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> Pasadena, CA 91106
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> Tel: 626-449-8433
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> Fax: 626-449-0565
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> pat@fitzgreenlaw.com
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Stella Havkin
> Sent: Wednesday, February 20, 2013 6:14 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] attorney's lien
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> Thanks will verify. I do not a lot about attorneys liens.
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Jason Wallach
> Sent: Wednesday, February 20, 2013 6:10 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] attorney's lien
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> It might be a preference, particularly if filing the notice of lien is required to perfect the attorney's lien, and was filed within the 90 days. The recovery can be exempted under 522(g).
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> It also appears to be a judicial lien, ie as a judgment lien, and therefore avoidable to the extent it impairs the exemption, under 522(f).
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> Json
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> Jason Wallach
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> jwallach@gladstonemichel.com
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> On Feb 20, 2013, at 5:28 PM, Stella wrote:
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> A PC has had a dispute with his former divorce lawyer. The lawyer got a breach of contract judgment. The PC has a pending personal injury lawsuit. Last week, the divorce lawyer filed a notice of lien into the PC's personal injury case. Can I avoid the lien in the bk as impairing the PC's exemption through a motion to avoid lien against personal property? Also, does the 90 days perfection apply to such lien?
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It might be a preference, particularly if filing the notice of lien is required to perfect the attorney's lien, and was filed within the 90 days. The recovery can be exempted under 522(g). It also appears to be a judicial lien, ie as a judgment lien, and therefore avoidable to the extent it impairs the exemption, under 522(f). JsonJason Wallachjwallach@gladstonemichel.com On Feb 20, 2013, at 5:28 PM, Stella wrote: A PC has had a dispute with his former divorce lawyer. The lawyer got a breach of contract judgment. The PC has a pending personal injury lawsuit. Last week, the divorce lawyer filed a notice of lien into the PC's personal injury case. Can I avoid the lien in the bk as impairing the PC's exemption through a motion to avoid lien against personal property? Also, does the 90 days perfection apply to such lien?
The post was migrated from Yahoo.