In addition, via a mechanism called a writ of execution liens can be transferred to other counties in Pennsylvania where the debtor owns property. Notice of Hearing to Consider Motion (Local Bankruptcy Form 9014-3) 2. Certificate of Service All filings should be made electronically unless the requirement of electronic filing has been waived by the court. 9014-3 requires that the movant serve the following parties or, if represented, their counsel of record: • The debtor • U. Trustee • Any person whose interest would be directly, materially and adversely affected if the relief requested in the motion were granted and whose interests are not adequately represented by persons on whom service is otherwise required.You've heard it dozens of times: "the best defense is a good offense." This definitely holds true for asset protection.In addition to shielding your assets when attacked, asset protection planning has another ancillary benefit that serves your goals: the more judgment-proof you make yourself, the less likely it will be that a creditor will bother to pursue a case against you., Or at the least, you may be able to influence a settlement, possibly sooner rather than later.The amount of time and money saved in avoiding litigation is substantial!In a court proceeding, there are three parts to a lawsuit: The plaintiff has the burden in each of these three parts. For example, if an employee making a delivery runs into the back of a vehicle stopped at a red light, there really is no issue as to whether the employee was negligent: The employee was negligent.The lien is the interest that a creditor or other entity has in specific property, where ownership of the property is evidenced by a legal title document and can also apply to property described in a contract for a loan, where the lender exchanges a lien on the property for the loan, even if the loan was not used to buy the property.A recording and perfecting of the lien on the title document can prevent the conveyance of a clear title to another, which, in most cases, will prevent the sale of the item.
That is, you may be able to avoid a lien by convincing the other party that any lawsuit would be a waste of time.
Thus, to understand suspect transactions, it is necessary to define what insolvency means and when do we say the person is insolvent?
Simply, insolvency is inability to pay the debt when they become due and payable.
This means you will not be able to sell the item until the debt is paid and the lien is removed.
Many liens can, and should, be eliminated in a Chapter 7 bankruptcy.