QUESTION

Can bankruptcy take medical lien off my house if there was a medical lien placed on the home after my mother’s death?

Asked on Aug 24th, 2017 on Bankruptcy - Oregon
More details to this question:
N/A
Report Abuse

5 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
Update Your Profile
Tricky question. Is the medical lien for health care provided to your mother? Then yes, the lien can be removed in bankruptcy as long as your equity in the house doesn't exceed $132,000. If the medical lien is for health care provided to you are a dependent, then no, it can't be removed in bankruptcy.
Answered on Oct 28th, 2017 at 9:15 AM

Report Abuse
Bankruptcy Attorney serving Salem, OR
Partner at OlsenDaines
1 Award
No.
Answered on Oct 26th, 2017 at 8:29 PM

Report Abuse
It is possible to remove the lien if it impairs your homestead exemption. You need legal counsel to assist you with that process.
Answered on Oct 26th, 2017 at 8:29 PM

Report Abuse
In some states, like Wisconsin, it is possible to remove a judgment lien in state court, after the bankruptcy discharge is granted. A medical lien sounds like it could be a statutory lien imposed by a governmental unit in return for providing medical services. Those are probably not subject to discharge or cancellation. That does not keep you from negotiating with the agency which owns the lien for a fair compromise. Retain an experienced bankruptcy lawyer. It's almost always worth the investment.
Answered on Oct 26th, 2017 at 8:29 PM

Report Abuse
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO at The Salas Law Firm LLC
Update Your Profile
Probably. It depends on the amount of equity in the home. It is also a very technical process, so you should be careful.
Answered on Oct 26th, 2017 at 8:29 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters