Dennis P. Wolcott

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
DENNIS P. WOLCOTT, JR., 	No. 10-12170
Debtor(s).
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Memorandum on Mystery Motion
_________________
Debtor Dennis Wolcott moved the court for avoidance of a judicial lien on his exempt real
property which he alleged was created when the State of California filed a “Notice of Lien pursuant to
Article 5 of Chapter 6 of Title 9 of the Code of Civil Procedure.” Having no idea what that was, the
court insisted on a hearing notwithstanding lack of opposition. At the hearing, counsel for Wolcott
was unable to articulate what sort of lien his motion related to.
After considerable sleuthing and several inferences drawn from the schedules, it appears that
Wolcott was a party to a class action lawsuit in which the State of California was a defendant. The
State won dismissal of the class action as to it and an award of fees and costs against the plaintiffs,
including Wolcott. The State then filed a notice pursuant to Cal. Code of Civil Procedure § 708.410,
creating a lien in the class action against any recovery Wolcott might be entitled to receive from other
defendants.
Wolcott has not claimed any interest in the class action as exempt. Therefore, the lien created
by the notice does not impair any exemption. There is no evidence that the State has obtained a lien on
Entered on Docket
December 14, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 10-12170 Doc# 21 Filed: 12/14/10 Entered: 12/14/10 14:10:19 Page 1 of 2

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Wolcott’s real property. Accordingly, his motion will be denied without prejudice. Counsel for
Wolcott may submit an appropriate form of order.
Dated: December 14, 2010
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 10-12170 Doc# 21 Filed: 12/14/10 Entered: 12/14/10 14:10:19 Page 2 of 2