if you own a house...and a creditor is going to sue and get a judgement ..before you can file bankruptcy..and you want to KEEP the house....this could be a consequence...answer from law firm in California..THIS is why you should fight a judgement if you own a house....
Removal of judgment liens that impair your homestead exemption is handled by motion. The Law Offices Of +++++ fees to handle your bankruptcy proceeding do not include prosecuting such a motion to avoid involuntary judicial liens...it is not a bad idea to purchase a preliminary title report in order to determine whether filing a motion to remove an involuntary lien is advisable and necessary. If you do not intend to continue paying for the home, you are certain that no one other than a taxing agency has liened your home, or the balance owing to the lienholder does not warrant paying the approximately $150 to $300 to purchase a preliminary title report and the approximately $750 to $1,000 to have the law offices of +++++prepare and file a motion to remove the lien, then purchasing a preliminary title report does not appear necessary. Otherwise, the Law Offices +++++ suggests you do so.
Only judicial liens can be avoided if there is impairment of the exemption which you have claimed against your property. Other involuntary liens, such as statutory tax liens, mechanic's liens, and lis pendens are not avoidable pursuant to Section 522(f
If the bankruptcy case is concluded and you realize months or years later that there was a judgment lien against your home, often discovered during a potential sale or refinancing, you can seek to have the bankruptcy court reopen the proceeding so that a motion to avoid a judgment creditor's lien can be filed and prosecuted, but you must realize that it may take sixty days or more to obtain the bankruptcy court order, and there is no guarantee that the bankruptcy judge will grant the motion to reopen the case
It is your responsibility to alert+++++ to the presence of judgment liens against your property so that an appropriate motion can be prepared and filed. It is not up to the Law Offices of ++++++ to determine whether there are judgment liens against your property.
Removal of judgment liens that impair your homestead exemption is handled by motion. The Law Offices Of +++++ fees to handle your bankruptcy proceeding do not include prosecuting such a motion to avoid involuntary judicial liens...it is not a bad idea to purchase a preliminary title report in order to determine whether filing a motion to remove an involuntary lien is advisable and necessary. If you do not intend to continue paying for the home, you are certain that no one other than a taxing agency has liened your home, or the balance owing to the lienholder does not warrant paying the approximately $150 to $300 to purchase a preliminary title report and the approximately $750 to $1,000 to have the law offices of +++++prepare and file a motion to remove the lien, then purchasing a preliminary title report does not appear necessary. Otherwise, the Law Offices +++++ suggests you do so.
Only judicial liens can be avoided if there is impairment of the exemption which you have claimed against your property. Other involuntary liens, such as statutory tax liens, mechanic's liens, and lis pendens are not avoidable pursuant to Section 522(f
If the bankruptcy case is concluded and you realize months or years later that there was a judgment lien against your home, often discovered during a potential sale or refinancing, you can seek to have the bankruptcy court reopen the proceeding so that a motion to avoid a judgment creditor's lien can be filed and prosecuted, but you must realize that it may take sixty days or more to obtain the bankruptcy court order, and there is no guarantee that the bankruptcy judge will grant the motion to reopen the case
It is your responsibility to alert+++++ to the presence of judgment liens against your property so that an appropriate motion can be prepared and filed. It is not up to the Law Offices of ++++++ to determine whether there are judgment liens against your property.
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