Please help! I have filed BK CH 7 and have my 341 set for May 31. I thought everyting was in order. I own a house (in Florida) that is my homestead. I filed the "Avoid Judgement Lien" paperwork for 2 judgements against the property. I now have been served with a notice of Evidentiary Hearing for the property on June 6. What is this? What information do I have to provide, or paperwork do I have to file? Thank you for your time! Sadmom
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Its basically the hearing on your Avoidence motions. You will have to present evidence that the liens can be avoided. -
I'm sorry, I guess I don't understand avoided. Does it mean that the judge will look at the information from my 341 meeting and then give permission to "dismiss" or "let go" the judgements from the lien? Thanks! Carolyn Oh, and the venue is 50 miles away - aggh! Am I allowed to ask it to be where I can actually get to the hearing?Last edited by SadMom; 05-23-2005, 05:20 PM.Comment
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First, did you file the motion or did your attorney. If you have an attorney confer with him or her.
Basically, you filed a "Motion to Avoid Lien". Any motion must be set for a hearing in front of the judge. Lien avoidence is generally controlled by 11 USC 522(f), but there are other provisions. Thus, only certain liens can be avoided.
Have you recieved any opposition from the creditors whose liens you are trying to avoid. And for that matter, did you mail a copy of your Motion to those creditors and filed a Certificate of Mailing with the Court?Comment
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Wow, maybe I am in over my head.
1- I do not have an attorney. (I have used a paralegal service to get the forms to be filled out)
2- The liens were car repos.
3- Mailed copies to each creditor, trustee and court.
4- The only response so far, is from the court for the date of hearing.
I tried to get a short meeting with a BK Attorney to see if I could get one for the day to represent me at the hearing, and was told I would have to pay $290 just to have the appointment - no guarantee that they could help me. No, I didn't make the appointment!
Thank you for your patience!Comment
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so what happened?Im not an attorney or a trustee. You cant trust me either though!
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