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Chapter 7 motion to avoid a lien. Central District of California. Couple of Qs: Do I NEED an appraisal of home? Filing Fee?

Los Angeles, CA |
Filed under: Lien

Trying to learn more about this to get some abstracts of judgment off of my credit. Do I need to file multiple motions for the multiple liens? Appraisal required? What do I do after I get the order granted?

Any links to more info?

Attorney Answers 3

Posted

Are you thinking about a motion to avoid the fixing under section 522(f), or a motion to value real property, treat claim as unsecured and avoid junior lien under sections 506/1322?

If the latter, forget about a chapter 7. This is only possible under chapter 13. If the former, or you're thinking about chapter 13, I would get an appraisal unless the value and claim were so far apart that no rational creditor would file an objection to the motion.

I've used a single lien strip motion under 1322 against multiple junior lienholders without a problem. If successful, and the plan is completed, you'd get he claim treated as unsecured, and therefore discharged at the end of the case.

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2 comments

Asker

Posted

I'm a bit confused. I am not talking about a chapter 13 lienstrip. I am talking about "Avoiding" a judgment lien that has been recorded with the county recorder and now impairs my exemption on home. Please explain.

David Watson Wiese

David Watson Wiese

Posted

OK, that's what I meant by " If the former ... I wouldn't get an appraisal unless the value and claim were so far apart that no rational creditor would file an objection to the motion." I see that I had a typo in the initial reply. Good luck!

Posted

You should do a separate motion for each lien. You do not need an appraisal, as long as you are willing to testify to what you think the property is worth. After the order is granted, you can get a certified copy of the order and file it with your county recorder. The timing and service of these can be tricky, so you may want to hire an attorney to assist you. Good luck!

As a reminder, the above communication does not constitute legal advice and does not create an attorney-client relationship. You should always check with a local attorney, familiar with your court and trustees, to determine whether a local rule or case affects your situation.

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Posted

Yes. You will need to file a separate motion to avoid judicial lien for each judgment recorded in the county you own real property. This must be done sometime during the approx. 105 day period that your Chapter 7 bankrutpcy remains open. Once you receive the order. (I always obtain a certified copy) you can attempt to get the creditor to sign a satisfaction but if that doesn't work then you must record a certifed copy. You should only need to do this if you have real property. Also, you must have indicated that you have some equity in the property or you probably won't get the order. Involuntary judicial lien avoidance requires that the lien impairs an exemption.

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