Lawsuit Against Mr. And Mrs. Morgan Essay
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Lawsuit Against Mr. And Mrs. Morgan
1) ABC Corp. brought a lawsuit against Mr. and Mrs. Morgan, won the suit, and obtained a judgment for monetary damages in the amount of $53,000. ABC Corp. recorded a judgement lien against the Morgans’ homestead property. The homestead property is located an any county, any state. The Morgans then filed for chapter 7 bankruptcy relief and included the judgement lien as a discharge – able debt on their bankruptcy forms. Under the laws of any state, the homestead exemption cap is $40,000 of equity in homestead property. The bankruptcy petition was granted, and the judgement was discharged by the bankruptcy court. The Morgans are maintaining that a satisfaction of judgement should be recorded, removing the lien from the homestead property. ABC Corp. argues that recording a satisfaction of judgement would result in a windfall for the Morgans because state law permits only a $40,000 homestead exemption and the judgement amount is $53,000. Should a satisfaction of judgement be recorded? why or why not?
2)Mrs. Anderson owned a house at 420 Adams Street in Your City, Your County, Your State. At the time of her death, she was delinquent on her real property taxes. she was a ward of a public guardian. Upon her death, the public guardian, medicaid, two hospitals, and a utility company all filed claims against her estate. in addition, the estate incurred administrative costs and attorney’s fees. The personal representative of Mrs. Anderson’s estate moved to declare the estate insolvent and to determine the priority of creditors. Under the laws of your state, would the tax lien be the first debt to be paid? why or why not?