In re Obedian

Good Law
2016 WL 806138·2016 Bankr. LEXIS 663·546 B.R. 409
United States Bankruptcy Court, Central District of CaliforniaMarch 1, 2016Case No. 2:14-bk-24247-RKCalifornia7,471 words

Opinion

Lead Opinion

Kwan, J.

*411 MEMORANDUM DECISION ON DEBTOR’S MOTION TO AVOID LIEN OF CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES

Pending before the court is the Motion to Avoid Lien under 11 U.S.C. § 522 (f) (the “Motion”) of Debtor Paravaneh Obedi-an (“Debtor”). ECF 108. The Motion seeks to avoid the judgment lien of the California Department of Health Care Services (“DHCS”) against certain real property located at 9476 Hidden Valley Place, Beverly Hills, Los Angeles County, California 90210, Assessor’s Parcel Number 4388-002-021 (the “Real Property”).

After Debtor and her non-debtor spouse, Fred Obedian (“Mr.Obedian”), bought the Real Property in 2009, on February 3, 2011, a judgment was entered by the Superior Court of California, County of Sacramento, in favor of DHCS and against Mr. Obedian in the amount of $729,890.29. DHCS recorded an abstract of judgment on February 22, 2011 with the Recorder of Los Angeles County, California, to perfect its judgment lien against the Real Property. Motion at Exhibit D. Debtor now seeks to avoid DHCS’s judgment lien through the Motion.

Wesley H. Avery, the Chapter 7 Trustee (“Trustee”) of Debtor’s bankruptcy estate, filed an opposition to the Motion, ECF 111,…

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