1:10-bk-12170•Dennis P. Wolcott
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA In re DENNIS P. WOLCOTT, JR., No. 10-12170 Debtor(s). ______________________________________/ 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
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 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
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