Central District Consumer Bankruptcy Attorney's Association

No, not unless the Bank refuses to release the funds.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 10, 2010, at 8:00 PM, "Holly Roark" wrote:
This is an important point. Does this mean that whenever we have a client with a bank account that was levied upon, we should file a motion to avoid the lien? Does anyone see creditors levying post-bk if the lien was not avoided?
Holly Roark
holly@roarklawoffices.com
>
> The writ creates an execution lien under CCP 697.710, butn is subject to 522(f) avoidance through use of wildcard and arguably survives the bankrutpcy discharge as to all personal property of the debtor if not avoided.
> Peter M. Lively, JD/MBA
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
> Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
> A-Bankruptcy-Attorney.com
>
>
> Personal Financial Law Center II
> 1706-B Newport Boulevard, Costa Mesa, CA 92627-3073
> Telephone: (949)650-3328
>
>
> THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
>
>
>
>
> ________________________________
> To: cdcbaa
> Sent: Wed, February 10, 2010 4:18:59 PM
> Subject: [cdcbaa] judgment lien
>
>
> The general rule is that a lien survives bankruptcy. But does a recorded abstract of judgment & notice of involuntary lien (money judgment, debtor has no real property), also survive the bk? A writ was issued against a bank account, but I'm hoping the judgment and lien will both go away...
>
>
>
>
> Vicki L. Temkin
> Law Office of Vicki L. Temkin
> 15030 Ventura Blvd., Ste. 19-780
> Sherman Oaks, Ca 91403
> Ph: (818) 501-4658 / Fx: (818) 501-0903
>
No, not unless the Bank refuses to release the funds.Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On Feb 10, 2010, at 8:00 PM, "Holly Roark" <roarklaw@yahoo.com> wrote:

This is an important point. Does this mean that whenever we have a client with a bank account that was levied upon, we should file a motion to avoid the lien? Does anyone see creditors levying post-bk if the lien was not avoided?
Holly Roark
holly@roarklawoffices.com
com, P L <petermlively2000@...> wrote:
>
> The writ creates an execution lien under CCP 697.710, but most creditors don't understand this fact.e through use of wildcard and arguably survives the bankrutpcy discharge as to all personal property of the debtor if not avoided.
> Peter M. Lively, JD/MBA
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
> Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
> A-Bankruptcy-Attorney.com
>
>
> Personal Financial Law Center II
> 1706-B Newport Boulevard, Costa Mesa, CA 92627-3073
> Telephone: (949)650-3328
>
>
> THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
>
>
>
>
> ________________________________
> To: cdcbaa <cdcbaa@yahoogroups.com>
> Sent: Wed, February 10, 2010 4:18:59 PM
> Subject: [cdcbaa] judgment lien
>
>
> The general rule is that a lien survives bankruptcy. But does a recorded abstract of judgment & notice of involuntary lien (money judgment, debtor has no real property), also survive the bk? A writ was issued against a bank account, but I'm hoping the judgment and lien will both go away...
>
>
>
>
> Vicki L. Temkin
> Law Office of Vicki L. Temkin
> 15030 Ventura Blvd., Ste. 19-780
> Sherman Oaks, Ca 91403
> Ph: (818) 501-4658 / Fx: (818) 501-0903
>

The post was migrated from Yahoo.

The only way to get the Sheriff in Los Angeles to release the funds to the debtor is to do a lien avoidance motion and obtain an Order specifically directing the Sheriff to send the funds to the debtor, providing a current address in the Order. You, of course, must have scheduled the funds held by the Sheriff in Schedule B and exempted them in Schedule C.
There is currently no local form to do this and the Courts really frown on revising the forms or modifying them in any manner. We are in the process of preparing such a new form and Order and hope it can go to the forms committee this week.
Jim King

The post was migrated from Yahoo.

This is an important point. Does this mean that whenever we have a client with a bank account that was levied upon, we should file a motion to avoid the lien? Does anyone see creditors levying post-bk if the lien was not avoided?
Holly Roark
holly@roarklawoffices.com
>
> The writcreates an execution lienunder CCP 697.710, butmostcreditors don't understand this fact. This lien is subject to522(f) avoidance through use of wildcard and arguably survives the bankrutpcy discharge as to all personal property of the debtor if not avoided.
> Peter M. Lively, JD/MBA
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
> Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
> A-Bankruptcy-Attorney.com
>
>
> Personal Financial Law Center II
> 1706-B Newport Boulevard, Costa Mesa, CA 92627-3073
> Telephone: (949)650-3328
>
>
> THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
>
>
>
>
> ________________________________
> To: cdcbaa
> Sent: Wed, February 10, 2010 4:18:59 PM
> Subject: [cdcbaa] judgment lien
>
>
> The general rule is that a lien survives bankruptcy. But does a recorded abstract of judgment & notice of involuntary lien (money judgment, debtor has no real property), also survive the bk? A writ was issued against a bank account, but I'm hoping the judgment and lien will both go away...
>
>
>
>
> Vicki L. Temkin
> Law Office of Vicki L. Temkin
> 15030 Ventura Blvd., Ste. 19-780
> Sherman Oaks, Ca 91403
> Ph:(818) 501-4658 /Fx:(818) 501-0903
>

The post was migrated from Yahoo.

I've prevailed in a 522(f) motion in this situation -- i.e., when the debtor
has no real property -- but I see no reason why not ask for an order saying
that it cannot attach to personal property either.
On Wed, Feb 10, 2010 at 6:06 PM, P L wrote:
>
>
> The writ creates an execution lien under CCP 697.710, but most creditors
> don't understand this fact. This lien is subject to 522(f) avoidance
> through use of wildcard and arguably survives the bankrutpcy discharge as to
> all personal property of the debtor if not avoided.
>
> Peter M. Lively, JD/MBA
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
> Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
> A-Bankruptcy-Attorney.com
>
>
> Personal Financial Law Center II
> 1706-B Newport Boulevard, Costa Mesa, CA 92627-3073
> Telephone: (949)650-3328
>
>
> THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
> WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
> CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER
> OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT
> RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE
> HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS
> COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
> COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY
> TELEPHONE. THANK YOU.
>
>
> ------------------------------
> *From:* vicki temkin
> *To:* cdcbaa
> *Sent:* Wed, February 10, 2010 4:18:59 PM
> *Subject:* [cdcbaa] judgment lien
>
>
>
> The general rule is that a lien survives bankruptcy. But does a
> recorded abstract of judgment & notice of involuntary lien (money judgment,
> debtor has no real property), also survive the bk? A writ was issued
> against a bank account, but I'm hoping the judgment and lien will both go
> away...
>
>
>
> Vicki L. Temkin
> Law Office of Vicki L. Temkin
> 15030 Ventura Blvd., Ste. 19-780
> Sherman Oaks, Ca 91403
> Ph: (818) 501-4658 / Fx: (818) 501-0903
>
>
>
>
Giovanni Orantes, Esq.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by
the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
to be used, and cannot be used, 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.
I've prevailed in a 522(f) motion in this situation -- i.e., when the debtor has no real property -- but I see no reason why not ask for an order saying that it cannot attach to personal property either.
The post was migrated from Yahoo.

The writcreates an execution lienunder CCP 697.710, butmostcreditors don't understand this fact. This lien is subject to522(f) avoidance through use of wildcard and arguably survives the bankrutpcy discharge as to all personal property of the debtor if not avoided.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706-B Newport Boulevard, Costa Mesa, CA 92627-3073
Telephone: (949)650-3328
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To: cdcbaa
Sent: Wed, February 10, 2010 4:18:59 PM
Subject: [cdcbaa] judgment lien
The general rule is that a lien survives bankruptcy. But does a recorded abstract of judgment & notice of involuntary lien (money judgment, debtor has no real property), also survive the bk? A writ was issued against a bank account, but I'm hoping the judgment and lien will both go away...
Vicki L. Temkin
Law Office of Vicki L. Temkin
15030 Ventura Blvd., Ste. 19-780
Sherman Oaks, Ca 91403
Ph:(818) 501-4658 /Fx:(818) 501-0903
The writ creates an execution lien under CCP 697.710, but most creditors don't understand this fact. This lien is subject to 522(f) avoidance through use of wildcard and arguably survives the bankrutpcy discharge as to all personal property of the debtor if not avoided. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.com
Personal Financial Law Center II1706-B Newport Boulevard, Costa Mesa, CA 92627-3073Telephone: (949)650-3328
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: vicki temkin <Vtemkin@yahoo.com>To: cdcbaa <cdcbaa@yahoogroups.com>Sent: Wed, February 10, 2010 4:18:59 PMSubject: [cdcbaa] judgment lien
The general rule is that a lien survives bankruptcy. But does a recorded abstract of judgment & notice of involuntary lien (money judgment, debtor has no real property), also survive the bk? A writ was issued against a bank account, but I'm hoping the judgment and lien will both go away...
Vicki L. Temkin
Law Office of Vicki L. Temkin
15030 Ventura Blvd., Ste. 19-780
Sherman Oaks, Ca 91403
Ph: (818) 501-4658 / Fx: (818) 501-0903

The post was migrated from Yahoo.

Vicki:
Believe an abstract only attaches to real property. If there is none at the time of filing, no lien.Once the dischargeis issued, the lien cannot spring up again, as a lien with no debt cannot exist.
Have to record with Secy of State to capture personalty, except that a debtor's exam puts a 6th month lien on all property.
dennis

The post was migrated from Yahoo.

The general rule is that a lien survives bankruptcy. But does a recorded abstract of judgment & notice of involuntary lien (money judgment, debtor has no real property), also survive the bk? A writ was issued against a bank account, but I'm hoping the judgment and lien will both go away...
Vicki L. Temkin Law Office of Vicki L. Temkin 15030 Ventura Blvd., Ste. 19-780 Sherman Oaks, Ca 91403 Ph:(818) 501-4658 /Fx:(818) 501-0903
The general rule is that a lien survives bankruptcy. But does a recorded abstract of judgment & notice of involuntary lien (money judgment, debtor has no real property), also survive the bk? A writ was issued against a bank account, but I'm hoping the judgment and lien will both go away...Vicki L. Temkin Law Office of Vicki L. Temkin 15030 Ventura Blvd., Ste. 19-780 Sherman Oaks, Ca 91403 Ph: (818) 501-4658 / Fx: (818) 501-0903

The post was migrated from Yahoo.