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    Hearing on Motion to Avoid Lien

    Calling all my BK Guru friends . . .

    I'm sure someone has an answer to these questions. Citibank got a judgment against me before bk was filed. My atty just filed the Motion to Avoid Lien (we paid an additional $250 for this), and I just checked Pacer - there is a hearing scheduled on the the Motion the day after I 'should' receive my discharge. Here are my questions:

    1. Is this a hearing I will have to attend?
    2. Will this prolong my discharge date?
    3. What are/is the reason that the court could NOT grant the Motion?

    I guess I am confused on the whole Judgment Lien thing to begin with. Any help is appreciated. Thank you in advance!
    Filed Ch. 7 11/8/10: Survived 341 Meeting 12/13/10 Report of No Distribution!! 12/14/10Received UST Presumption of Abuse!! 12/15/10 UST states Dismissal is Inappropriate! DISHARGED!! 2/22/11

    #2
    1. No you do not have to attend unless your attorney tells you to attend. Your attorney will attend.

    2. No it will not "prolong the discharge date" as the discharge is automatic unless someone timely objects to it.

    3. Depends upon the jurisdiction. Some require hearings others do it on "negative notice" meaning if no one responds within 21 days the Motion is granted.

    Des.

    Comment


      #3
      Des, you are the best. Thank you so much!!
      Filed Ch. 7 11/8/10: Survived 341 Meeting 12/13/10 Report of No Distribution!! 12/14/10Received UST Presumption of Abuse!! 12/15/10 UST states Dismissal is Inappropriate! DISHARGED!! 2/22/11

      Comment

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