QUESTION
Can I get that lien removed without paying him?
Asked on Jan 19th, 2013 on Bankruptcy - Michigan
More details to this question:
I filed bankruptcy, and filed it also on my divorce. After I started pay bankruptcy and he found out I filed against him too, he put a lien on my property, now my house is sold, and I looked on my bankruptcy papers and he is listed on there. I live in Michigan. Thanks for your help.
7 ANSWERS
Are you in upper or lower Michigan? If I got your facts right, the lein was put on after Notice of the bankruptcy. Were you represented in your bankruptcy. If you were, call your lawyer and tell about this violation of the automatic stay.
Answered on Jan 24th, 2013 at 9:17 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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You need to call your bankruptcy attorney. It is against the law for a creditor to place a lien on property after a bankruptcy case is filed.
Answered on Jan 23rd, 2013 at 1:35 PM
If you want to remove a lien in bankruptcy, you have to qualify to do this and you have to take the additional steps to accomplish this. Although you can return to court to reopen your bankruptcy to remove a judgment lien, many kinds of liens cannot be removed through bankruptcy. Since your house is now sold, I am not sure what you can accomplish at this late time in any event.
Answered on Jan 23rd, 2013 at 1:34 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Talk to your bankruptcy attorney. Real estate laws are different state to state.
Answered on Jan 23rd, 2013 at 1:33 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
Filing of a lien post bankruptcy is a violation of the automatic stay in any state. Take this to your lawyer.
Answered on Jan 23rd, 2013 at 1:33 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If you don't own property there can't be a lien on anything. If he has a judgment on you, you can ask him to satisfy that because of the bankruptcy, unless, of course, the judgment was entered after you filed bankruptcy, then it will stay for 10 years unless he renews it.
Answered on Jan 23rd, 2013 at 1:33 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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The lien would not be lawful unless it resulted from a charging lien.
Answered on Jan 23rd, 2013 at 1:32 PM