How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38894
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
10097515
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

i am listed as a creditor in a ex-friends bankruptcy for $5K

Resolved Question:

i am listed as a creditor in a ex-friend's bankruptcy for $5K and having a hard time getting attorney. i just received (by email) motion to avoid a lien and need to respond by tuesday. i had 20 days, but they didn't email it to me until 12/4 (after i asked for it).
1. can they send me this by email?
2. how do i respond...what should the context be? just state the facts on why i loaned her the money and that i have signed promissory and emails to prove my case on why i should be able to collect my $.
3. who i send a copy to...her attorney, bankruptcy court and trustee?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

1. can they send me this by email?

 

A: yes.

 

2. how do i respond...what should the context be?

 

A: You may have no grounds to respond, if (11 USC §522(f)(2)(A)) "the sum of (i) the lien; (ii) all other liens on the property; and (iii) the amount of the exemption that the debtor could claim if there were no liens on the property; exceeds the value that the debtor's interest in the property would have in the absence of any liens."

 

If true, then the debtor will be able to avoid the lien. Otherwise, you would explain that the there is value in the property that isavailable to pay your lien, and the lien should remain in force to that extent.

 

3. who i send a copy to...her attorney, bankruptcy court and trustee?

 

A: Original to court, copies to opposing counsel and trustee.

 

Hope this helps.

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

socrateaser and other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions