Central District Consumer Bankruptcy Attorney's Association

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:
> Stella:
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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.

Stella:

The post was migrated from Yahoo.

No because the debt is to his own lawyer.
Sent from my Stella Havkin's IPhone
On Feb 20, 2013, at 6:14 PM, Clifford Bordeaux wrote:
> But even if the lien is avoided, is the underlying debt nondischargeable under 523(a)(15)?
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> On Wed, Feb 20, 2013 at 6:09 PM, Jason Wallach wrote:
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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).
>>
>> Json
>> Jason Wallach
>> jwallach@gladstonemichel.com
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>>
>>
>> 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?
>
>
>
> --
> Clifford Bordeaux
> Bordeaux Law, P.C.
> 790 E. Colorado Boulevard, 9th Floor
> Pasadena, CA 91101
> T: 626-405-2345 / F: 626-4-628-1820 E: cliff@bordeauxlaw.com
>
>

The post was migrated from Yahoo.

Cliff:
Not division of property (a)(15) and not (a)(5) as it is debt to his own
attorney.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

The post was migrated from Yahoo.

charsetndows-1252
re the last two comments, it is not really an "attorneys lien". It is a judgment lien (in which the judgment creditor happens to be an attorney).
It is ordinarily not non-dischargeable if it is his own attorney i.e. as Stella wrote "breach of contract".
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Feb 20, 2013, at 6:14 PM, Clifford Bordeaux wrote:
> But even if the lien is avoided, is the underlying debt nondischargeable under 523(a)(15)?
>
>
> On Wed, Feb 20, 2013 at 6:09 PM, Jason Wallach wrote:
>
> 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).
>
> Json
> Jason Wallach
> jwallach@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?
>>
>
>
>
>
>
> --
> Clifford Bordeaux
> Bordeaux Law, P.C.
> 790 E. Colorado Boulevard, 9th Floor
> Pasadena, CA 91101
> T: 626-405-2345 / F: 626-4-628-1820 E: cliff@bordeauxlaw.com
>
>
>
charsetndows-1252
re the last two comments, it is not really an "attorneys lien". It is a judgment lien (in which the judgment creditor happens to be an attorney).It is ordinarily not non-dischargeable if it is his own attorney i.e. as Stella wrote "breach of contract".Jason
Jason Wallach
The post was migrated from Yahoo.

But even if the lien is avoided, is the underlying debt nondischargeable
under 523(a)(15)?
On Wed, Feb 20, 2013 at 6:09 PM, Jason Wallach wrote:
> **
>
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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).
>
> Json
> Jason Wallach
> jwallach@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?
>
>
>
>
Clifford Bordeaux
Bordeaux Law, P.C.
790 E. Colorado Boulevard, 9th Floor
Pasadena, CA 91101
T: 626-405-2345 / F: 626-4-628-1820 E: cliff@bordeauxlaw.com
But even if the lien is avoided, is the underlying debt nondischargeable under 523(a)(15)?On Wed, Feb 20, 2013 at 6:09 PM, Jason Wallach <jwallach@gladstonemichel.com> wrote:
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).Json

The post was migrated from Yahoo.

Thanks will verify. I do not a lot about attorney's liens.

The post was migrated from Yahoo.

charsetndows-1252
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).
Json
Jason Wallach
jwallach@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?
>
>
charsetndows-1252
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).Json
Jason Wallach
The post was migrated from Yahoo.

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.