Can a post-judgement lien be satisfied by forcing the sale of real estate? 12 Answers as of July 11, 2014

My question actually stems from bankruptcy claw back liability. Assuming the estate obtains a judgment against a creditor for preferential payments, and that creditor has no substantial assets other than real property, make the court enforce by attaching a lien to real property of the creditor? Would that lien include the right to force the sale of the (otherwise unencumbered) property and take from the proceeds? This is in California.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
If the property in unencumbered and is non-homestead property, then it is possible that the property could be sold to satisfy the judgment lien
Answer Applies to: Washington
Replied: 7/10/2014
Law Office of Peter M. Lively
Law Office of Peter M. Lively | Peter M. Lively
Yes. An abstract of judgment from the bankruptcy court can be recorded as a lien against real property and the judgment creditor can proceed with a judicial sale provided for under California Law.
Answer Applies to: California
Replied: 7/11/2014
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
It will be up to the trustee to enforce his own judgment against the creditor if you made preferential payments to that creditor. I don't understand what you would have to do with it. You need to stay out of the way and not interfere. Why do you list this as Missouri but state the property is in California?
Answer Applies to: Missouri
Replied: 7/11/2014
John Ceci PLLC
John Ceci PLLC | John Ceci
I am not licensed to practice in California. You should consult with an attorney licensed in that state.
Answer Applies to: Michigan
Replied: 7/11/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
The trustee has broad powers in recovering preferential transfers for the benefit of the bankruptcy estate. If the creditor no longer has the property given to him by the debtor then the trustee should have powers to recover any assets that the creditor may have including forcing a sale of real estate.
Answer Applies to: Minnesota
Replied: 7/10/2014
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Certainly. An order in a preference action from bankruptcy is a judgment that can be enforced like any other judgment, including through a foreclosure sale of real or personal property after the judgment is recorded as a lien against such property.
    Answer Applies to: California
    Replied: 7/11/2014
    Danville Law Group | Scott Jordan
    Yes, possibly. But I would need to understand all of the facts before making a true assessment.
    Answer Applies to: California
    Replied: 7/10/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, that can be done. A forced sale is entirely possible.
    Answer Applies to: California
    Replied: 7/10/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    The short answer is: Yes. The devil is in the details.
    Answer Applies to: California
    Replied: 7/10/2014
    Ronald K. Nims LLC | Ronald K. Nims
    Bankruptcy estates are (generally) short term entities, so they don't want to hold a lien for years, they want cash to pay the administrative expenses, distribute to creditors and terminate. A bankruptcy estate with a judgment will certainly file a lien against any real property of the defendant, then try to negotiate a settlement to turn the judgment into cash, if the negotiation is unsuccessful they will foreclose on the real estate to turn it into cash that way.
    Answer Applies to: Ohio
    Replied: 7/10/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Theoretically, it can be done but the court is not going to sell a person's house unless the preferential payments consist of a large amount in relation to the worth of the house.
    Answer Applies to: California
    Replied: 7/10/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You should speak to a California attorney. Is the property a primary residence or investment property? Is there a homestead exemption in California?
    Answer Applies to: New York
    Replied: 7/10/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney