Legal Question in Credit and Debt Law in California

My creditor (commercial business) won default judgement in april 2009 and attach lien on the house which is the sole and separated property of my wife. what legal ground they allowed to do that ?

The above mentioned debt recentrly discharged by chapter 7 bankrupcy.

Any proffesional advice and suggetion about ways and possibilities of removing liens.

Thanks in advance. Mr. Park


Asked on 5/26/10, 8:40 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Your attorney in the Chapter 7 should have, if possible, moved to remove the judicial lien from the property in bankruptcy. It may be possible for that lien to have attached to her sole and separate property, as the debt may be considered a community property obligation, and as such, might attach even to her sole & separate property. You also need to be sure that it is in-fact, truly her sole and separate property, and that you have no interest whatsoever. Just holding title as sole and separate property is not enough. It is a complex question, but this should have been resolved while you were in a chapter 7 bankruptcy, and your attorney had the ability to move to avoid a judicial lien.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 5/27/10, 10:09 am


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