Without Levy, a Recorded Judgment Lien Is Unperfected in Some States
In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.
Court:
Alternatives to Bankruptcy, Including Receiverships and ABCs
Please sign in to access Materials or click here to join ABI.
A Judgment Lien Isn’t Created by Filing a UCC Financing Statement, Judge Furay Says
To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.
A Mortgage Deficiency Judgment Is a Judicial Lien Subject to Avoidance Under § 522(f)
A deficiency judgment resulting from mortgage foreclosure is not ‘a judgment arising out of a mortgage foreclosure’ and can be avoided as a judgment lien.
Court:
A Consensual Judgment Is a Judgment Lien Subject to Avoidance Under Section 522(f)
‘Obtained by’ legal proceedings, a consent judgment is still a judgment lien that can be avoided if it impairs an exemption.
Remote Control: Not Just for Toys Anymore
A Lender Can’t Have a Lien on Avoidance Actions, Judge Thad Collins Says
The Eighth Circuit had held that a debtor has an ‘inchoate’ property interest in avoidance actions before bankruptcy, but Judge Collins ruled that a lender can’t have a lien.
Distressed Commercial Real Estate and UCRERA
Please sign in to access Materials or click here to join ABI.
Bankruptcy Alternatives
Please sign in to access Materials or click here to join ABI.