QUESTION

Can they file bankruptcy to have a court ordered lien in someone’s property removed?

Asked on Aug 29th, 2012 on Bankruptcy - New Jersey
More details to this question:
N/A
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6 ANSWERS

Bankruptcy Chapter 7 Attorney serving Fort Collins, CO at The Salas Law Firm LLC
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Yes.
Answered on May 22nd, 2013 at 5:32 AM

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No.
Answered on May 22nd, 2013 at 5:32 AM

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It depends if there is equity or not.
Answered on Sep 07th, 2012 at 2:25 PM

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Bankruptcy Chapter 7 Attorney serving San Diego, CA at Law Office of Asaph Abrams
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The references to "they" and "someone" confuse, but in general, a judicial lien can be avoided (removed) during the pendency of a bankruptcy case, if it impairs the bankruptcy debtor's exemption. Pursuant to Bankruptcy Code section 522(f), this-here San Diego bankruptcy lawyer routinely avoids judgment liens that had been recorded prior to the bankruptcy filing. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy or legal action.
Answered on Sep 07th, 2012 at 2:19 PM

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Certain liens, including judgment liens can be avoided in bankruptcy.
Answered on Sep 07th, 2012 at 10:45 AM

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Bankruptcy Law Attorney serving Livingston, NJ
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Yes, that is one of the purposes.
Answered on Sep 07th, 2012 at 10:26 AM

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