Defendant/Debtor made wholesale purchases of goods on credit, but defaulted in payments and threatened to file for bankruptcy. Plaintiff/Creditor filed suit in the Superior Court of California and obtained an ex parte Right to Attach Order. Sheriff executed Writ of Attachment against Defendant/Debtor's real property and bank accounts. Defendant/Debtor filed a bankruptcy petition and listed Plaintiff/Creditor as a secured creditor. After the bankruptcy case was discharged, Defendant/Debtor entered a stipulation in the case before the Superior Court of California for entry of judgment in favor of the Plaintiff/Creditor. The Superior Court of California entered judgment on the stipulation, based on which Plaintiff/Creditor obtained an Abstract of Judgment and recorded it against Defendant/Debtor's real property. Then, some two-and-half years after filing her bankruptcy petition, Defendant/Debtor brought a motion to avoid Plaintiff/Creditor's judicial liens pursuant to Section 522(f) of the Bankrutpcy Code. Plaintiff/Creditor filed the instant Opposition.
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Federal, 9th Circuit, California |
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