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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38894
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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i am listed as a creditor in a ex-friends bankruptcy for $5K

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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.


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