Should I file Motion to Avoid Lien?
Hopefully those in the forum can help me answer this question about lien avoidance. I currently live in TX. I have no real property only personal property. Is motion to avoid lien applicable in any of these cases:
I filed federal exemptions on personal property valued at just over $10K.
I have 2 tax liens and 2 judgment liens.
Tax Liens:
Will of course survive the BK and cannot be avoided, but the debt should be discharged because the taxes are from 2003 and 2005.
Judgment lien #1: (filed in GA)
-Perfected in 2007 is for $11K. Creditor was a finance company.
-Original loan was for $7K and secured interest against my household items/personal property or NPMSI.
-Creditor executed a writ of garnishment in 2008 and received $1100 at that time from my bank account. TX law does not allow garnishment of wages.
-I listed the creditor on Schedule D as secured for the balance of $9k, and listed my personal property and the value securing the lien.
Judgment lien #2: (filed in GA)
-Perfected in 2007 for $4K, Creditor was a furniture store.
-I was unaware of the lien because it never appeared on my credit report. I listed this creditor as unsecured. The property is no longer in my possession due to no fault of my own.
My questions are:
- Can a motion to avoid lien be filed against judgment #1?
- Should I file an amendment to list Judgment #2 as secured, and then file a motion to avoid the judgment lien?
A paralegal at an attorney's office advised me to move both judgment liens to Schedule F since I have no real property for the lien to attach to thus making the liens unsecured, (but liens filed in GA are against real and personal property).
Confused as ever, any help would be appreciated.
I filed federal exemptions on personal property valued at just over $10K.
I have 2 tax liens and 2 judgment liens.
Tax Liens:
Will of course survive the BK and cannot be avoided, but the debt should be discharged because the taxes are from 2003 and 2005.
Judgment lien #1: (filed in GA)
-Perfected in 2007 is for $11K. Creditor was a finance company.
-Original loan was for $7K and secured interest against my household items/personal property or NPMSI.
-Creditor executed a writ of garnishment in 2008 and received $1100 at that time from my bank account. TX law does not allow garnishment of wages.
-I listed the creditor on Schedule D as secured for the balance of $9k, and listed my personal property and the value securing the lien.
Judgment lien #2: (filed in GA)
-Perfected in 2007 for $4K, Creditor was a furniture store.
-I was unaware of the lien because it never appeared on my credit report. I listed this creditor as unsecured. The property is no longer in my possession due to no fault of my own.
My questions are:
- Can a motion to avoid lien be filed against judgment #1?
- Should I file an amendment to list Judgment #2 as secured, and then file a motion to avoid the judgment lien?
A paralegal at an attorney's office advised me to move both judgment liens to Schedule F since I have no real property for the lien to attach to thus making the liens unsecured, (but liens filed in GA are against real and personal property).
Confused as ever, any help would be appreciated.
