Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX X will do my very best to answer your legal questions.If the judgment liens were filed within 90s days of filing the bankruptcy, then they can be avoided because such liens would be considered preferences. Even if the judgment liens are older than 90 days, you can probably get at least one of the judgment liens (the later one) eliminated or reduced because it impairs an exemption. In Maryland, you can exempt about $22k of home equity. Unfortunately, there is no way to protect more than that. The judgment lien that impairs that exemption can be eliminated or reduced such that your exemption is no longer impaired.In any event, I'm sorry to say that since you can only exempt about $22k of home equity, you are at risk of losing the house even if the liens can be avoided. The bankruptcy trustee will likely sell the house to get at the non-exempt equity. It looks like you're between a rock and a hard place on this issue.I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated. Thank you for using our service! If you would like to direct additional legal questions to me in the future, then please type "To TJ, Esq." in the subject line of your question.
For the purpose of filing the initial financial statements and schedules, do I count the judgement liens as "secured" so that I have 0 equity, or do I show thfe $90,000 in equity that I would have if the jdgements are discharged?
I'm in the midst of drafting a motion to avoid lien with regard to my brother's judgement lien on my home. This will enable me to get my
homestead exemption. He also has possession of my two cars, which I understand are still unsold. He gets to keep these?
Also, I just received in the mail an IRS statement of unpaid taxes by my corporation, which was a PA. I would like to tell the IRS to put a lien on my house so that they get paid instead of my brother. The IRS is closed due tothe federal government funding debacle. Does the IRS get paid from the house foreclosure sale befor my brother?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).