Chapter 7 Motion to Avoid Judgment Victory for Debtor
Successfully removed a judgment lien clouding title on a debtor’s property where the debtor was over 65 and only source of income was social security. Judgment was obtained against debtor in 2005 arising out of a past due credit card bill. Over the years the judgment was renewed and creditors would not agree to a settlement or payment plan. Debtor filed chapter 7 bankruptcy and we filed the motion to avoid the judgment against the property by successfully arguing the judgment lien impaired debtor’s homestead exemption rights to the equity in the property. The motion was granted and the debt was discharged as unsecured debt. The debtor was able to sell his property free and clear of the lien.