PA: Motion to Avoid the Judicial Lien

[PixelRogue]

What is the name of your state (only U.S. law)? PA

Offense: broken lease; unpaid rent; damages.

• Defendant has judgement which was filed as lean against primary home.
• Plaintiff applied judgement as lean on property; legally pursued garnishment.
• Defendant files Chapter 7 bankruptcy.
• Plaintiff ceases pursuit of garnishment.
• Defendant granted Chapter 7 bankruptcy.
• Defendant opts to maintain home and new vehicle, discharge all other debt.

1) Now that Chpt 7 was granted, are there any options to maintain the lean? Defendant chose to keep the house. The house has the responsibility of the mortgage and the lien, no? (wishful thinking)

2) Just received Motion to Avoid the Judicial Lien. Very little time allotted to respond. The mere fact a motion had to be filed to remove the lean (vs. having the lien expunged as matter of course when Chapt 7 was granted) indicates options exist. Maybe this is simply matter of procedure and to further challenge to keep lien would result in wasted time and effort?

Thank you for any insight!!

 

[despritfreya]

The debtor filed a Motion to Avoid Lien under 11 USC 522(f). If the judicial lien impairs the debtor's exemptions, such as a homestead, the debtor has the absolute right to file the Motion. I believe that there is nothing you can do but you should consult with a local bk attny who handles creditor representation.

Des.

 

[PixelRogue]

Thank you

Thank you. Appreciate your effort to respond.