my attorney keeps giving different anws. to my ?.


A

anon.

I have been in Chapter 13 for several years as a result of
self-employment
health problems and running amuck. Prior to orginally filing Chapter
7, an unsecured creditor place a judgement for $10,000 on my property.
Then my attorney had me change to Chapter 13 because I receive SS
Disability.

A couple of months ago I had a scheduled appointment with my attorney.
Again I asked him about this $10,000 judgement. Attorney told me he
would
have some kind of paper prepared to send to Judge requesting the
judgement
lien to be dropped because the creditor is receiving payments through
Chapter 13.

This attorney's paralegal called saying Wes had asked her to prepare
the request to be sent to the Judge. Weeks passed and then paralegal
told me my attorney had a note on the work she prepared, stating,
"He had to talk to me." And of course he was always too busy.

Finally I e-mailed him and his reply follows, "The problem is you
have too much
equity in your house. The lien does not
interfere
with your exemption"

I am Confused. Thank you for replying!!!
 
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B

Brett Weiss

He's saying that to strip off the lien on the house, there can't
be any equity for it to attach to. For example:

House value: $100,000
First mortgage: $100,000
Judgment Lien: $20,000

Under these circumstances, the judgment lien can be stripped off,
because there is no equity for it to attach to. OTOH,

House value: $100,000
First mortgage: $90,000
Judgment Lien: $20,000

Here, the lien can't be stripped off, because there is some
equity for it to attach to.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
*****************************************************************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
*****************************************************************
 

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