Is Homestead Exemption Protected Against Criminal Restitution Lien?
Posted: Mon May 02, 2016 10:59 pm
I have a client who is in Chapter 7 and is going to be having a
large criminal restitution judgment entered against her in the near
future.
She owns a house with her spouse (who will also have a restitution
judgment entered against him).
She recorded a Declared Homestead prior to filing her bankruptcy.
Assume for the sake of argument that the Trustee either abandons the
property or it is sold for enough money to generate proceeds (giving
debtor her homestead exemption).
Also assume the criminal restitution judgment is reduced to a lien
and it is recorded against the debtor's real estate. Is her
homestead exemption protected from the criminal restitution lien?
Ideally debtor wants to be able to either have the Trustee sell the
property and pay her the homestead exemption, or sell it herself and
then reinvest the proceeds in a new homestead within 6 months. But
it's a worthless endeavor if the homestead exemption isn't protected.
I don't see anything in the CCP which makes a criminal judgment lien
any different than a civil one, so I'm assuming it's protected, but
just want to be sure.
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written 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 in this communication.
The post was migrated from Yahoo.