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

[Alexandra Caval]

You may want to check your service - that's probably where the problem is
if I had to guess. I've used negative notice on 522(f) motions many times
without a problem (even in front of Judge Meier). I do know the Court
checks service to make sure the motion was properly served on the right
person for entity before they will enter the order on your motion.

On Wed, Feb 27, 2019 at 11:11 AM jay kohler <jaykohler at live.com> wrote:

>
> 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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-- 

Alexandra O. Caval

Caval Law Office, P.C.

P.O. Box 1716

Twin Falls, ID 83303-01716

T: 208.733.2035

F: 208.733.3919

alex at cavallawoffice.com




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