Legal Question in Bankruptcy in California

can a lien avoidance be filed when you file bankruptcy on your HOA and lien is already recorded. Sorry have no money right now. Had medical Hardship. Trying to save my home. they have lead me on for 3 years now. and i am in forclosure status but filed BK. Im still awaiting SSI as I have already been infront of the judge and still have not answer from them. I guess there are alot of areas of concern in this question and just wish I had the funds to help me. i hope someone will be able to shine a little hope and help me with some answers. Thank you so much


Asked on 7/17/11, 9:35 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Unfortunately, if the lien is an "Assessment Lien," then the answer is no becuase it is considered a consentual lien. If, however, it is a judgment lien, you may be able to file a motion to avoid the lien, but the lien must impair an exemption claimed in that property to prevail. I would suggest that you contact the clerk of the court here in Santa Ana as they can refer you to some legal-aid type resources for bankruptcy.

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Answered on 7/21/11, 5:01 pm


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