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FiveStarLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36551
Experience:  Bankruptcy Lawyer. Experienced.
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I am a creditor in a Chapter 13 Bankruptcy, and have just received

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I am a creditor in a Chapter 13 Bankruptcy, and have just received a modification stating that the debtor wants to avoid my lien under section s22chJ. I need to object to this but don't know what the section states. I also have already received a $77 payment from the Trustee in September under a different modification. I am really confused as to how to proceed to protect my rights as a creditor.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 4 years ago.
Hello,

Thank you for your question. I am happy to assist you.

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Customer: replied 4 years ago.

Yes

 

Expert:  FiveStarLaw replied 4 years ago.
Please verify the site that you gave me -- could it be Bankruptcy Code 522 and not s22?

what type of property do you have a lien on?
Customer: replied 4 years ago.
It appears on the form as a lower case "s" and it is real property (residence of debtor) that I have the lien on.
Expert:  FiveStarLaw replied 4 years ago.
I don't know what they can be referring to -- there is no such statute either at the federal or state level. I will open the question to other experts in case another expert is familiar
Customer: replied 4 years ago.
what other type of motion could they use to avoid a lein.
Expert:  FiveStarLaw replied 4 years ago.
They are attempting to avoid the lien on the basis that it impairs the debtors exemption. Problem is that the statute you reference does not correspond to exempt property on either the state or federal level
Customer: replied 4 years ago.
what kind of response is needed from me in order to secure my position as a valid creditor
Expert:  FiveStarLaw replied 4 years ago.
you need to file an Objection to Avoidance of Lien
Customer: replied 4 years ago.
and where would I get this form, do you know?
Expert:  FiveStarLaw replied 4 years ago.
It is not a standard form that you can find on line. Once you determine what exactly they are objecting to, you can go to a law library and review the bankruptcy pleading forms accordingly
Customer: replied 4 years ago.
will the Trustee tell me anything if I call him
Expert:  FiveStarLaw replied 4 years ago.

The trustee may be willing to tell you what the motion is referring to. Even better would be to contact the debtor's attorney
Customer: replied 4 years ago.
Thank you so much I will try calling the attorney and see where I get.
Customer: replied 4 years ago.
one more question, if the debtor does avoid my lien then is the lien still valid on the property, in other words do I still have a valid lien on the debtor that I can eventually get paid on , if she sells the property get paid?
Expert:  FiveStarLaw replied 4 years ago.
Unfortunately if the lien is avoided by the bankruptcy court, you will be treated as an unsecured creditor. You will not have a valid lien on the property regardless of the outcome of the bankruptcy

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Customer: replied 4 years ago.
will the Judgment still stand valid on her name.
Expert:  FiveStarLaw replied 4 years ago.
if she completes her chapter 13 plan, her obligation to you will be discharged. If she does not complete her chapter 13 plan, her debt to you will be considered unsecured but payable
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36551
Experience: Bankruptcy Lawyer. Experienced.
FiveStarLaw and other Bankruptcy Law Specialists are ready to help you

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