Appearance Necessary in Bankruptcy Proceedings?

[JohnMacek]

I have spoken with a few attorneys regarding this matter. All seem to differ in their opinions as to how to proceed. Just looking for some "not legal advice" from people who have experience in this field.

State: California
Subject: Bankruptcy Law, Property Law
Facts: Judgment entered in Eastern California Bankruptcy Court via ex parte motion, declared non-dischargeable 4-24-1990
Renewed pursuant to C.C.P. § 683 et seq 4-25-2000
Abstract of Judgment recorded 12-12-07

Issue #1
Debtor has filed a Chapter 7 Petition
As debt was considered non-dischargeable, do I have to file a motion/complaint to "protect" my judgment?

Issue #2
Debtor parent transferred property into debtor's name ~'03 so parents could obtain SSI benefits and/or government assistance, I issued abstract, made demand upon debtor, received cease and desist notice. Debtor transferred back into parents name early '08 (close to five years in debtors name), BK7 listed as no assets, no mortgage on property since early '90's. Will a judge allow a sheriff's (lien) sale on the property?

Thanks for the help.

 

[Theresagail]

You should fill out a proof of claim and yes you should go to the 341 hearing and defend yourself-- also the trustee should ask about that property going in and outta this persons name-- the trustee will find anything that looks fishy and will investigate it.