QUESTION
If I have a recent lien on my home from a creditor and file bankruptcy, can I get the lien removed?
Asked on Feb 13th, 2017 on Bankruptcy - Oregon
9 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Probably, in Ohio judgment liens are released in bankruptcy unless you have more than $132,000 of equity in your home.
Answered on May 24th, 2017 at 5:33 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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If it was a judicial lien. Yes.
Answered on Apr 25th, 2017 at 5:21 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Sometimes. If the Lien attached within 90 days before you filed your petition and the lien strengthened or improved the creditors position, you may be able to have the lien avoided period however if you are in a chapter 7 the t goes to the trustee, and eventually your creditors period Discuss Vegas with an experienced bankruptcy lawyer period it's almost always worth The investment period.
Answered on Apr 23rd, 2017 at 8:22 AM
Yes that is one of the reasons to file bankruptcy.
Answered on Apr 22nd, 2017 at 7:45 AM
Depends on what kind of lien it is. The kind of lien you can remove in a chapter 7 bankruptcy is a lien from a court judgment. Other kinds of liens cannot be removed in a Chapter 7 bankruptcy, but might be eligible to be removed in Chapter 13 under the right circumstances. For example, if the lien is a STATUTORY lien created by state law, you cannot get that lien removed in a Chapter 7. Examples of this kind of liens include trash and utility liens, public hospital liens, tax and IRS liens, and liens relating to work performed by a licensed contractors. And a lien from a mortgage or secured debt you took out cannot be removed in Chapter 7 but might be eligible to be removed in Chapter 13. The devil will be in the details.
Answered on Apr 22nd, 2017 at 7:44 AM
It's possible but depends on many factors you should discuss with a bankruptcy attorney.
Answered on Apr 22nd, 2017 at 7:44 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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If it is a valid lien, it goes through bankruptcy unaffected. Consult an attorney to determine whether it can be set aside.
Answered on Apr 22nd, 2017 at 7:44 AM
1 Award
In most circumstances you can have that lien removed. There is a separate process from the bankruptcy to get this done.
Answered on Apr 22nd, 2017 at 7:44 AM