QUESTION

after filling for bankruptcy about 6 years ago, now theres a lein on the title to my dads house because of credit cards that was supose bankruptcy

Asked on Jul 20th, 2012 on Bankruptcy - Kentucky
More details to this question:
If the credit cards where in the bankruptcy, how can they show a lein on my dad''s house that pasted away. Should the lawyer that had my case be at fault for this. Can I get anoughter lawyer and sue her for this. I gave this enformation to my b. lawyer 7 months ago. she has not resolved this issue and will not answer my calls or massage i leave with the sec. or voice mail. what can i do. time is running out before goverment takes over my fathers suff.
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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Your facts are a little confusing.  Did you file bankruptcy, or did your father?  If you filed bankruptcy, it doesn't make any sense that one of your creditors would file a lien on your father's house. If your father filed the bankruptcy, the question becomes is this lien the result of a judgment and, if so, when was the lien recorded--before or after the bankruptcy case was filed?   Another question is: which chapter was filed, and was a discharge entered? Depending on the answers to all of the above, your father may be able to "avoid" (remove) the lien against his home if it was a judicial lien and if it impairs an exemption to which he was entitled to on the date he filed his bankruptcy case.   This is a mathematical calculation that takes into account the value of the property, the amount of ALL liens and mortgages against it, and the exemptions available under applicable law. You state that you're concerned about the government taking over your father's stuff.  Does he also owe money to the government, such as the IRS?  I'm not sure how that factors into your question about a credit card creditor. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  
Answered on Jul 20th, 2012 at 8:38 PM

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