judgement lien

What is the name of your state? texas- my ex-husband has filed for ch13. our divorce had a judgement to equalize division for $2500 my favor. last year i filed abstract judgement causing lien on his house. he listed this $2500 in the bankruptcy himself, as an unsecured claim. i filed proof of claim with supporting documents hoping to change claim to secured. soon after, i received copy of 'motion to avoid judicial lien on homestead' from his atty. is there anything i can do now to prevent this? i was disabled before,during,and after divorce and also at present. would this change the outcome? his atty is requesting lien be avoided, cancelled, and released. Will the claim be removed completely from the bankruptcy or just go back to being unsecured? do i need to refile the proof of claim?

[Ladynred]

Is the $2500 considered part of spousal support ?? If so, he can't get it discharged, period, he'll have to pay it regardless.

Thank you for responding! The $2500 is not for support, even though that is what it is needed for since I have been disabled for 3.5yrs. I put time, money , etc..into his home while we were married and this is why I was awarded judgement.

sounds like you're SOL then.

NS !

[Ladynred]

You should be able to file an objection to the motion to avoid the lien. I believe you would then get to state your case in and adversay proceeding hearing. It would then be up to the judge to decide whether or not the lien is avoided.

You may want to consult with a Bankruptcy lawyer on this in order to get it done correctly. This may be called a 'motion to strike'. If you don't object, the court will likely grant the lien avoidance.

Thank you ladynred! I'll try that. I did file an amended proof of claim after I received the motiom from his atty. This time I did not bring up the abstract judgemet, only the judgement to equalize in the divorce decree, and I did not check secured or priority on the form. I wonder if in Texas a judgement is considered a lien? I'm sure they get alot of responses from people representing themselves. Maybe I won't appear to be too ignorant.

[JETX]

If your judgment (and its subsequent lien) are listed in the filing, you must stop all attempts to collect the judgment.

Further, if the judgment is discharged by the court, it is DOA.

The debtor can then return to court and 'set aside' the judgment. Once that is done, the lien is gone also (since the underlying debt, the judgment, is gone).

Simply, the bankruptcy discharge kills your claim and the lien.

"I did file an amended proof of claim after I received the motiom from his atty."
*** Good.

"This time I did not bring up the abstract judgemet, only the judgement to equalize in the divorce decree, and I did not check secured or priority on the form."
*** Actually, no difference. Your claim is unsecured. The abstract nor the lien make make it a secured claim.

"I wonder if in Texas a judgement is considered a lien?"
*** No. A judgment is NOT a lien, but a 'judgment lien' arises when the abstract is filed/recorded with the county clerk.

you're wasting your time based on the info given, the debt and lien are going bye bye, his atty should make sure of that.

sorry to bring bad news, sounds like you have other things to worry about besides this (peeing in the wind).

good luck

[url]www.findlaw.com[/url] has an excellant discussion board. VERY PROFESSIONAL!

[JETX]

So....do I write this like a letter or what? I've searched for sample forms but can't find any examples. Any help pleeeeeeeeze!

[Ladynred]

No, you cannot just write it like a letter, it must adhere to certain requirements.

I can direct you to some templates that you can use as an example for different types of Motions, they will give you a general idea of what format you need to use. You just want to make the title 'motion to object to .....'

[url]http://lawyerassistant.com/freeforms/[/url]

Hope this helps

Thanks, I'll try the site. I'm going to be up late again. I just know it!