Legal Question in Bankruptcy in California

Abstract of Judgement

My dad had this order placed against his home due to credit card debt. He filed for chapter 7 and all his debts were forgiven. He passed away a few days ago and I went to check on the status of his home at the recorders office only to find out that this creditor has not removed the lien from his property yet, he filed for chapter seven in 2005 after the lien was placed against the home. How do I go about getting this lien released. Thank you


Asked on 6/30/08, 3:44 pm

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Abstract of Judgement

The lien can only be removed if the value of the property minus amounts of all liens exceeded the exemption to which he was entitled to take, as of the date the bankruptcy petition was filed. If that is the case, then you would need to file a motion to reopen the case, and then if that's granted, file a motion to avoid the lien with the bankruptcy court.

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Answered on 6/30/08, 3:47 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Abstract of Judgement

It may be too late to do anything. A motion to avoid lien must be filed during the bankruptcy case. You could try to reopen the case, but then the Bankruptcy Court could take away any assets of the estate to pay off the creditors, which may leave you with nothing. A better course may be to negotiate with the creditor.

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Answered on 6/30/08, 5:49 pm


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