[CLBS] Lien avoidance

[Randal French]

So, if the asset has been abandoned (it has) then the court cannot order a sale any way.  But it can still avoid the lien.  So, get the lien avoidance order and then you can close the  sale.

-----Original Message-----
From: clbs-bounces at admws.idaho.gov [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jeremy J. Gugino
Sent: Friday, August 10, 2012 4:14 PM
To: 'Megan Johnson'; clbs at admws.idaho.gov
Subject: RE: [CLBS] Lien avoidance


So long as the house was scheduled in the original petition, then it was abandoned by operation of law when the case closed.  See 11 USC 554(c).  The case law is clear that reopening a case does not replenish the estate with property that has been abandoned.

Jeremy J. Gugino
Ch. 7 Trustee
410 S. Orchard Street, Suite 144
Boise, ID 83705
208-342-1590


-----Original Message-----
From: clbs-bounces at admws.idaho.gov [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Megan Johnson
Sent: Friday, August 10, 2012 2:54 PM
To: clbs at admws.idaho.gov
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

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