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Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience:  Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
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is one able to include a bank debt in canada in a california

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is one able to include a bank debt in canada in a california chapter 7 bankrupcy also a civil judgement approx 7 years ago which is now a lien on my home

Thanks JC

Fritz :

Hi, I'd like to help you with your bankruptcy questions this evening.


 

Fritz :

Even though you obtained your loan from a Canadian bank, the loan itself was obtained in the U.S., right?

Fritz :

The foreign bank debt would be discharged along with your other unsecured debts when you receive your Chapter 7 discharge.


 

Fritz :

Obtaining a discharge will stop all collection efforts on this debt in the U.S. However, if you have assets or property in Canada, the Canadian bank may still be able to collect from your Canadian assets.

Fritz :

As to the judicial lien, a bankruptcy discharge voids the underlying judgment, but the discharge does not automatically remove the judicial lien from your property.


 

Fritz :

You might be able to file a motion to avoid the lien pursuant to Section 522(f) of the Bankruptcy Code.


 

Fritz :

You can avoid a judgment lien to the extent it impairs your exemptions.

Fritz :

In California, you can choose between two sets of bankruptcy exemptions:


 

Fritz :

System 1: California Code of Civil Procedure 704.730 - [You can retain equity in property up to the following amounts. These amounts would INCLUDE the judicial lien amount, provided you intend to avoid the judicial lien in your bankruptcy:]


 

Fritz :

In California’s System 1, single homeowners who are not disabled may exempt up to $75,000 of the equity in their home or other property covered by the homestead exemption. You may exempt up to $100,000 if you live with a family member; $175,000 if you are 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, and earn a gross annual income under $15,000 or are married and earn a gross annual income under $20,000 and creditors seek to force the sale of your home. If you are married but separated, you may claim the homestead exemption in community property occupied by your spouse.


In California’s System 2, homeowners can exempt up to $22,075 of the equity in their home.

Fritz :

Please let me know if you have any questions, as this area of bankruptcy law is somewhat tricky.


 

Fritz and other Bankruptcy Law Specialists are ready to help you