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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
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Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I Lost a case in court against my former employer, in return

Resolved Question:

I Lost a case in court against my former employer(UPS), in return he counter sued me back and got a court ordered judgement and put a lien on my house. Can I file chapter 7? & will it remove the Lien?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 4 years ago.
You can file bankruptcy. If the debt is discharged in the chapter 7, you would need to bring a motion to avoid the judgment lien during your bankruptcy case. This is allowed if the judgment lien impairs your homestead exemption.
So, let's say your house is worth 200,000. After subtracting the mortgage balance, if the amount is less than the allowed homestead (see below) then the motion would be granted. If there is still equity after the exemption is subtracted, then the lien can stay on that portion of the equity, and the court may allow a deduction of the total lien.

available homesteads in Ca: (2 options)

Homestead #1

704.730 - Real or personal property occupied at time of filing for bankruptcy, including mobile home, boat, stock cooperative, community apartment, planned development or condominium, up to the following limits: $50,000 if single and not disabled; $75,000 if family and no other member has homestead; $150,000 if 65 or older or if physically or mentally disabled; $150,000 if creditors are seeking to force sale of your home and you are either (a) 55 or older, single and earn under $15,000 per year, or (b) 55 or older, married and earn under $20,000 per year. Sale proceeds are exempt for up to 6 months after sale.


Homestead #2

703.140(b)(1) Real or personal property, including co-op, used as a residence up to $20,725.

Customer: replied 4 years ago.
So if my house is worth 320,000 & my mortgage is say 273,000 that leaves 47,000. Correct? So now my concern is, with regards XXXXX XXXXX Homestead, it states $50k for single and $75k for family. I am currently married, no children but going through a divorce. I would in essence qualify under either of those catagories, should I decide to go through with Chapter 7. This would then help me remove the Lien? Yes? By the way the lien on my home is $138K
Expert:  Terry L. replied 4 years ago.
Yes, if you file bankruptcy, and the court determines that your debt is an unsecured dischargeable debt, you can bring a motion to avoid the judgment lien during the case, and if these #s are true (show the court an appraisal and the balance statement, and your chosen exemption) then the court should issue an order avoiding the lien. You would then take that and record that document with the title to your property and have them remove that judgment lien. Good luck.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2525
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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