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Law Pro
Law Pro, Attorney
Category: Bankruptcy Law
Satisfied Customers: 24462
Experience:  20 year experience in practicing law.
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I HOLD A JUDGEMENT IN THE STATE OF PA. THE DEBTOR HAS FILED

Customer Question

I HOLD A JUDGEMENT IN THE STATE OF PA. THE DEBTOR HAS FILED CHAPTER 13 AND IS MOVING TO AVOID MY LIEN PURSUANT TO sECTION 522(f). HOW CAN I AVOID LODSING MY JUDGEMENT.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Law Pro replied 3 years ago.

Law Pro :

Hi, I'm an expert on Just Answer and will assist you with your question.

Law Pro :

What was the underlying reason you obtained your judgment against the debtor?

Law Pro, Attorney
Category: Bankruptcy Law
Satisfied Customers: 24462
Experience: 20 year experience in practicing law.
Law Pro and 4 other Bankruptcy Law Specialists are ready to help you
Expert:  Law Pro replied 3 years ago.
Section 522(f)(1) of the Code - this section allows a debtor to avoid a judicial lien to the extent that the lien impairs an exemption to which he is otherwise entitled. 11 U.S.C. Sec. 522(f)(1) (1982).
Customer: replied 3 years ago.
UNPAID BILL FOR SERVICES PROVIDED AND LEGAL FEES TO PURSUE DEBT.
Expert:  Law Pro replied 3 years ago.
OK, what were these services you performed? Was the debtor fraudulent or criminal?
Customer: replied 3 years ago.
UNPAID BILL FOR SERVICES PROVIDED AND LEGAL FEES TO PURSUE DEBT. ARE YOU STILL CONNECTED?
Expert:  Law Pro replied 3 years ago.
What services did you perform - was there fraud or anything? How about criminal action on the debtors part?
Customer: replied 3 years ago.

UNPAID BILL FOR SERVICES PROVIDED AND LEGAL FEES TO PURSUE DEBT. ARE YOU STILL CONNECTED?

 

DENTAL CARE--THE DEBTOR SIMPLY REFUSED TO PAY HIS BALANCE AFTER INSURANCE PAID THEIR PORTION. I TOOK THE ISSUE TO MAGESTRATE COURT AND WON THE JUDGEMENT INCLUDING ATTORNEY FEES--THE JUDGEMENT BECAME FINAL WITHOUT ANY APPEAL.

Customer: replied 3 years ago.
<p>UNPAID BILL FOR SERVICES PROVIDED AND LEGAL FEES TO PURSUE DEBT. ARE YOU STILL CONNECTED?</p><p> </p><p>DENTAL CARE--THE DEBTOR SIMPLY REFUSED TO PAY HIS BALANCE AFTER INSURANCE PAID THEIR PORTION. I TOOK THE ISSUE TO MAGESTRATE COURT AND WON THE JUDGEMENT INCLUDING ATTORNEY FEES--THE JUDGEMENT BECAME FINAL WITHOUT ANY APPEAL.</p><p>DID I LOSE YOU AGAIN?</p><p> </p><p>THERE WAS NO FRAUD OR CRIMINAL ACTIVITY TO THE BEST OF MY KNOWLEDGE.</p>
Expert:  Law Pro replied 3 years ago.
I asked twice what the underlying reasons were for the debt.

That the debtor is within their rights to avoid a judicial lien to the extent that the lien impairs an exemption to which he is otherwise entitled - that's exactly what bankruptcy is all about.


But if the underlying reasons for the judgment are fraud and/or criminal restitution the liens are not dischargeable.

However, given the underlying reason for the judgment - there is nothing you can do to prevent them from avoiding or discharging the judgment.

That was strictly a civil action without fraud or criminal action involved. As such, the debtor will be able to discharge the judgment.

Sorry.




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