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1995

Bankruptcy

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The Virtual Clerk's Office: A Proposed Model Judgement Lien Act For The Computer Age, Charles Shafer Jan 1995

The Virtual Clerk's Office: A Proposed Model Judgement Lien Act For The Computer Age, Charles Shafer

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This article addresses one aspect of the law regarding the satisfaction of judgments: when a creditor is determined to have a lien on property of the debtor. The unnecessary cumbersomeness of the present system, which limits the ability of creditors to promptly obtain a legally cognizable interest in specific property, hampers creditors in preventing the debtor's use, sale, or hypothecation of property that could be used to satisfy their debts. This is particularly true of intangible property and property where federal law or the law of sister states controls transfers. Not only do judgment creditors face the risk that the …