QUESTION
Do I have to pay for lien even after bankruptcy?
Asked on Mar 20th, 2012 on Bankruptcy - California
More details to this question:
I went to sell my house and a lien is still on it even after bankruptcy, do I have to pay for it?
7 ANSWERS
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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No, you do not have to pay the lien. However, the lien will stay on the house even after you file. You are not personally liable for it though. It will have to be paid off if you want to sell the house.
Answered on Mar 26th, 2012 at 1:18 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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This depends what you mean by a lien. Debts are discharged in bankruptcy, not liens. But a judgment lien against a homestead can be avoided in bankruptcy and there is a state court procedure involving recording an affidavit with service to avoid the lien. Consult an attorney.
Answered on Mar 23rd, 2012 at 5:39 PM
Accidents Attorney serving Orange City, FL
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Principle Legal Offices, P.A.
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If the lien is attached to the home for work that was performed on the home, like a construction or mechanic's lien, then you have to pay the lien when you sell.
Answered on Mar 22nd, 2012 at 8:14 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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What type of lien? Tax or judgment lien. Bankruptcy should have cleared judgment lien
Answered on Mar 22nd, 2012 at 7:34 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Filing bankruptcy by itself does not remove judgment liens. You must do a motion to avoid liens pursuant to section 522f.
Answered on Mar 22nd, 2012 at 9:30 AM
If it was an involuntary judgment lien, and the creditor was listed to be discharged, you have to take your Chapter 7 Discharge to the Register of Deeds Office and ask that the lien be removed from your real estate. Not always an easy thing to accomplish. Otherwise, you have to ask the creditor to stipulate to remove the lien (also not an easy thing to accomplish either).
Answered on Mar 22nd, 2012 at 7:37 AM
Bankruptcy Decision Attorney serving San Diego, CA
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Law Office of Daniel G. Shay
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Yes, the lien must be satisfied. It is like a car, you have to pay off the car to keep it despite a Bankruptcy.
Answered on Mar 21st, 2012 at 5:41 PM