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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37952
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I am in Bankruptcy the Bankruptcy court ordered the opposing

Customer Question

I am in Bankruptcy the Bankruptcy court ordered the opposing counsel not to perfect a lien against me
opposing counsel went ahead and recorded a court judgement with numerous defendants
including myself, but on his abstract of judgement he only listed the lead defendant. Was he
in violation of the Bankruptcy court by recording a judgement with my name on it even
though my name was not on abstract of judgement is there California statutes regarding
this type of problem ? did he perfect the lean?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 3 years ago.
Hello,

This was a difficult research assignment. There is no California case on point to your question, with regard to a class action. However, there is a case where a judgment creditor recorded separate abstracts of judgment against two different debtors in the same case -- and the court approved this use of the abstracts so as to identify each debtor: Commonwealth Land Title Co. v. Kornbluth (1985) 175 Cal. App. 3d 518. Code Civ. Proc. 674(c) provides that "(1) The abstract of judgment shall be certified in the name of the judgment debtor as listed on the judgment and may also include the additional name or names by which the judgment debtor is known as set forth in the affidavit of identity, as defined in Section 680.135, filed by the judgment creditor with the application for issuance of the abstract of judgment."

Based upon the case law and Code, I do not believe that the abstract recorded only in the name of the lead defendant in a multiple defendant action perfects a lien against any other judgment debtor.

Hope this helps.

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