[CLBS] Negative noticing on sec. 522f motion to avoid judgment lien on homestead

jay kohler jaykohler at live.com
Wed Feb 27 11:11:36 MST 2019


Since the beginning of time I have used negative noticing on Sec. 522(f) motions to avoid judicial liens that impair a homestead - with no hearing necessary when there were no objections.  I recently filed my first one under Judge Meier.  I used the negative noticing, properly served the motion according to the rules (as far as I know) and waited out the time.  No objections were filed.  I filed a "statement of no objections" and submitted a proposed order. I then received a short note back from the clerk advising me that the judge wanted me to notice the motion up for hearing.  So, I did - giving notice to all interested parties including the judgment creditor and its attorney. There was no explanation as to why this was necessary.  So, I'm just reaching out to see if anyone else has had a similar experience and can perhaps give me a heads up on what to expect at the hearing.  I don't know whether to go to the hearing prepared to present evidence, or, what.

Jay Kohler


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