Legal Question in Bankruptcy in California

I am going through the process of a chapter seven bankruptcy at the moment without the assistance of an attorney. Monday is my deadline to file Debtor education certificate and also last day for creditors to respond. I have been basically working night and day for about a week trying to file a motion to avoid a judgement lien that I have against me. While finishing up the last forms tonight I realized the abstract of judgment wasnt stamped with the San Diego Recorders office until 85 days before my initial petition was filed. I read if it was less then 90 days I could get it removed. That would be great because it will also be put on my ex wifes property. What are the steps to get it totally voided if possible? Do I have time? Should I go to court and file some sort of extension? Or just file the initial motion to avoid lien and get it removed only from my homestead? Flying by the seat of my pants here and not sure what is the best option. I am well aware that an attorney would be the best way but that is out of the question at the moment?

Asked on 11/08/15, 1:50 am

1 Answer from Attorneys

Charles Andersen Charles Andersen, Atty

You can avoid the judgment lien regardless if you file the proper motion.

Keep in mind that the lien must impair an exemption in the home, which means you must live at the property and have no more equity than your applicable homestead exemption, beyond any recorded mortgages.

You can go to the courts website for some forms and follow those. Do it now, it probably won't be done right but they'll give you objections and so on and you can keep on revising it until it's right. If you wait until the case closes it will be too late without filing a petition to re-open the case

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Answered on 11/08/15, 8:36 am

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