QUESTION
Can child support liens on a house be removed by a Chapter 7?
Asked on Oct 11th, 2012 on Bankruptcy - Michigan
More details to this question:
I have a home that I am trying to get a loan modification for but the lender can't modify it because there is a child support lien on the property.
12 ANSWERS
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Question: Can child support liens on a house be removed by a Chapter 7? *- generally, no * Question Detail: I have a home that I am trying to get a loan modification for but the lender can't modify it because there is a child support lien on the property. *- you should consider a Chapter 13 where you could pay the child support arrearage through a confirmable plan, and then once that arrearage was paid up, THEN the liens could be marked as SATISFIED which would allow you to re-finance or get a modification. And actually, a modification can be done with those liens in place provided the mortgage lien is senior to the child support liens. *
Answered on Oct 15th, 2012 at 3:25 PM
Appellate Practice Attorney serving Cheyenne, WY
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Lynn Boak Attorney at Law
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Child support obligations are not affected by bankruptcy and must still be paid.
Answered on Oct 14th, 2012 at 12:45 AM
Usually, there are certain debts such as child support obligations that cannot be wiped out through bankruptcy either.
Answered on Oct 13th, 2012 at 1:41 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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No. Be very careful with unpaid child support. Also, filing for bankruptcy could take care of other issues, but bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Oct 13th, 2012 at 1:40 AM
Chapter 7 can do nothing to help you with a child support lien because it is a statutory lien. Chapter 7 can remove judgment liens, but not judgment liens for child support because bankruptcy law clearly provides that child support obligations are not affected by bankruptcy.
Answered on Oct 13th, 2012 at 1:39 AM
Possibly yes, but you will have to litigate it. Also, the lien can be put right back on and eliminating the lien is not the same thing as eliminating the debt. Finally, your lender can do whatever they like if the loan was made before the lien was placed. They may not wish to do so and that is a different question; they don't have to modify your loan. There are just too many branches in this tree, like the timing and whether your house has equity or is under water, to follow out every possible alternative to a conclusion. However, there are two absolutes. Child support is non-dischargeable, meaning you can never get rid of it by filing bankruptcy. Basically, the only way to not owe child support is to die. The other absolute is that the lender cannot be forced to modify a first mortgage loan, either inside bankruptcy or otherwise. Bankruptcy might help you and it might not. Talk with a bankruptcy lawyer, preferably one with some family law experience, and see if there is a good alternative for you.
Answered on Oct 13th, 2012 at 1:36 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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No. Domestic support obligations are not dischargeable through bankruptcy.
Answered on Oct 13th, 2012 at 1:35 AM
Bankruptcy Attorney serving Hartland, MI
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Law Office of Doug Dern & Associates
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Just pay it.
Answered on Oct 13th, 2012 at 1:35 AM
Child support arreages normally survive a bankruptcy discharge, so bankruptcy will not remove a child support lien.
Answered on Oct 13th, 2012 at 1:35 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Past due child support cannot be discharged in a bankruptcy. It is the vested right of the child in Florida.
Answered on Oct 13th, 2012 at 1:34 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Negative
Answered on Oct 13th, 2012 at 1:33 AM
You need to get any liens removed before refinancing or modifying a loan. Your on-going child support payments and other obligations will be considered in qualifying for a loan modification as you need sufficient cash to make the new monthly mortgage payment. I suggest contacting your ex and agree to a monthly payment or garnishment to meet your arrearages. Losing your house will do neither of you any good because the lien will become worthless in the event of a foreclosure.
Answered on Oct 13th, 2012 at 1:33 AM