[CLBS] Judgment Lien ?

[Alexandra Caval]

Theoretically, yes, I think you can use 522(f) to avoid an in rem lien
because the debtor has an interest in the property via the quitclaim deed
and would meet the definition of "owner" under Idaho's homestead exemption.
The potential problem I see with the fact pattern you present is that, with
respect to the potential debtor, the in rem lien attached to the property
before his homestead exemption did. Potential debtor's homestead would have
been created at the date of transfer (assuming property was used as the
residence) but the lien attached 8 years before that to the property. I
think that's going to be problematic under Judge Pappas's Bailey decision
from back in 2010.

~Alex


On Tue, Jan 12, 2021 at 3:31 PM James Macdonald <
james at macdonaldlawoffices.com> wrote:

> Potential client received a parcel of property via quitclaim deed.  Prior
> owner of property had a judgment recorded against him 8 years prior to the
> transfer.
>
> Can PC get rid of judgment lien in a BK under 522 if it impairs his
> homestead exemption even though judgment is in prior owner's name?
>
> Regards,
>
> James S. Macdonald
>
> MACDONALD LAW, PC
> PO Box 1545
> Lake Plaza Building - 123 South Third Avenue, Suite 24
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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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