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

[Paul Ross]

I received some Orders Avoiding Liens back from Judge Meier in the last
week or two.  There is likely an issue with the Motion or Service.

Last year I had an issue where the Motion was set for a hearing where I had
language that the lien was avoided.  I had to tweak the language in the
Motion and Order that the lien is avoided to the extent it impairs the
homestead exemption.

Paul

On Wed, Feb 27, 2019 at 11:58 AM Alexandra Caval <alex at cavallawoffice.com>
wrote:

> 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
> > _______________________________________________
> > CLBS mailing list
> > CLBS at admws.idaho.gov
> > http://admws.idaho.gov/mailman/listinfo/clbs
> >
>
>
> --
>
> 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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