In re Minerva P. Esmilla

Opposition to Debtor's Motion to Avoid Lien Under 11 U.S.C. 522(f) (Real Property)


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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Reference Info:Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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