Legal Question in Bankruptcy in California

Re; opposition to motion to avoid juditial lein

"Is there a case law in place that would allow a criditor to prevail in an objection to a motion to a judicial lein on me, who's debt to the criditor was discharged and there is'nt any now , and has never been any personal property to attach a lein to, seeing how this would prevent me from truly getting my fresh start supposedly provided by my chapter 7 filing?"


Asked on 8/15/99, 3:25 pm

2 Answers from Attorneys
Marcus G. Tiggs Slate and Leoni, A Professional Corp

Re: Re; opposition to motion to avoid juditial lein

Unfortunatately, yes, see the relatively recent 9th Circuit BAP case of In re Pederson, WL74671. There is also a little discussion at:

http://www.westgroup.com/products/newsletter/bkcy/bkcy0317.htm

Note: this should not mean you shouldn't attempt to avoid the lien. Of course, if there was real property that the lien attached, the answer would be no.

I am a Certified Bankruptcy Law Specialist, State Bar of California.

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Answered on 8/19/99, 2:11 pm
Mark Markus Law Office of Mark J. Markus

Re: Re; opposition to motion to avoid juditial lein

Hello. I'm not sure I understand your question. However, in any event, in order to give you an appropriate answer, I would need to review the Motion and your bankruptcy papers in order to do so. If you would like a consultation, please give me a call.

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Answered on 8/19/99, 3:51 pm


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