QUESTION
How do I avoid lien 7 years after discharged bankruptcy?
Asked on Mar 16th, 2013 on Bankruptcy - New Jersey
More details to this question:
We filed pro se Chapter 7 October 2005 and discharged February 2006. There were judgements on 3 different credit card accounts that were included on Schedule F and listed on statement of Financial Affairs page 2 #4a: Suits and.. et al. We have recently applied for reverse mortgage to avoid foreclosure on the real estate property that we kept during the bankruptcy (we did not reaffirm. we just kept making the payments on our home). A lien is showing up in the title/escrow search and we were told we must 'avoid the lien' and I need instruction how to do this. This lien was filed May 2005, This WAS debt included in the bankruptcy. Is the correct process Ex Parte Motion to Reopen? Can I do this myself? we have no funds until the reverse mortgage closes (catch 22). I appreciate any direction to help me with this process. Thanks in advance.
7 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You should contact the attorney who recorded the lien. Ask them to release the lien as it was discharged in bankruptcy. If they will not then you will need to file a motion to avoid judicial lien. This process is too complicated to explain on a general listserv. Talk to your bankruptcy attorney to see if they can help.
Answered on Mar 18th, 2013 at 2:09 PM
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You must reopen your bankruptcy case and file a motion to expunge the lien.
Answered on Mar 18th, 2013 at 2:09 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Hire an attorney
Answered on Mar 18th, 2013 at 2:08 PM
Not only must your bankruptcy case be reopened, but a Motion to Avoid Lien must be prepared & served and a hearing held before the bankruptcy judge Service of this Motion can be a problem for an inexperienced bankruptcy attorney - I have seen attorneys make mistake after mistake, taking nearly a year to complete what takes me about 6 weeks, simply because the process is so complicated.
Answered on Mar 18th, 2013 at 2:08 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Depending on where you are the procedure may differ. In some areas, you file a Motion to Reopen the case (which includes a filing fee of $260.00) and a Motion to Avoid Lien. In others, you can go into state court and have the judgment satisfied based on your bankruptcy discharge.
Answered on Mar 18th, 2013 at 2:07 PM
Richard hirsh
Yo would have to reopen the case and give notice to all creditors. You would also have to file a motion to avoid the lien. The Judge has the discretion as to whether the case should be re-opened for that purpose. The judgment lien creditor will surely object.
Answered on Mar 18th, 2013 at 2:07 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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In New Jersey, you would do this under the state court authority..
Answered on Mar 18th, 2013 at 2:06 PM