[CLBS] (no subject)

[Alexandra Caval]

I would reopen the case and avoid the judgment lien under 522(f). Instead
of avoiding the lien for impairing the homestead exemption I've used the
household goods & furnishings exemption as the impaired exemption. After
you get the order avoid the lien you then just record it. I did this a few
months ago while a ch 7 case was open rather than reopening a closed case.
I think this is easier than dealing with the title company. ~Alex

On Thu, Dec 10, 2020 at 12:21 PM Shawn Miller <shawngmillerlaw at gmail.com>
wrote:

> Hello listmates,
>
> I spoke with a new client who filed a chapter 7 in 2017 to discharge a
> couple of Judgments for credit card debt.  Judgments were recorded but
> clients didn't own any real property at the time they filed the Chapter 7
> so there were no judgment liens created and the judgments were discharged.
> Now clients are trying to buy a house but the title company won't close
> because of one of the judgments, referring to it as a lien,  until the
> Judgment is removed or paid.  The Collection agency, although not actively
> trying to collect on the judgment, refuses to remove the judgment. I need
> some insight on what options are available for my clients to remove the
> judgment.
>
> Thanks for thoughts and recommendations
>
> Shawn
>
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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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