[CLBS] Lien avoidance

[Ford Elsaesser]

debtor cant bring a motion to sell-only the trustee-need to get the lien 
avoided and extend the closing-or negotiate with lienholder-ford
----- Original Message ----- 
From: "Megan Johnson" <megan at sandpointlaw.com>
To: <clbs at admws.idaho.gov>
Sent: Friday, August 10, 2012 2:54 PM
Subject: [CLBS] Lien avoidance


List mates:

Debtor filed a Chapter 7 bankruptcy in 2010, she received her discharge and 
the estate was closed in early 2011.  Prior to her bankruptcy, a judgment 
for credit card debt was recorded. The credit card company was listed in her 
petition. She is selling her house and in the process became aware of the 
recorded judgment.  I intend to file a motion to re-open the case and also a 
motion to avoid a judicial lien pursuant to  §  522  (f). However,  is a 
motion/order from the court needed to allow her to sell the home (she has a 
closing date of August 30) since the case would be re-opened and the house 
would become part of the bankruptcy estate?

Thank you,
Megan L. Johnson
Berg & McLaughlin, Chtd.
414 Church Street, Suite 203
Sandpoint, ID 83864
Phone 208-263-4748
Fax 208-263-7557

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://admws.idaho.gov/mailman/listinfo/clbs