QUESTION
Should a discharged chapter 7 be re-opened to file an adversary proceeding to dispute the validity of a lien and to reinstate a stay?
Asked on Jun 13th, 2013 on Bankruptcy - Michigan
5 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It depends on the amount of the lien. You will have to pay a fee to reopen the case, a fee to file the motion and pay an attorney's fees. You should discuss this with the attorney who handled your chapter 7 case.
Answered on Jun 15th, 2013 at 4:20 AM
You can reopen to avoid a judicial lien, and you probably should, but lien avoidance doesn't take place by adversary action. Hire an attorney that has experience in removing your judicial lien unless you want to spend a year or more learning the process the hard way.
Answered on Jun 14th, 2013 at 12:49 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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I don't know about the stay, but if you can remove the lien, yes, reopen.
Answered on Jun 14th, 2013 at 11:07 AM
Deborah F. Bowinski
There isn't really sufficient information here - what do you mean by "dispute the lien?" Bankruptcy offers the ability to avoid certain liens by way of motions in the case. If that is what you are referring to you should consult with an attorney to determine whether the lien in question is avoidable and whether it is worth a motion to reopen the case in order to accomplish that.
Answered on Jun 14th, 2013 at 9:24 AM
While you may have to, what I would recommend first is contacting the lien holder and trying to work it out so that they will voluntarily lift the lien.? Your attorney could help you if you felt you needed representation.? If you document your bankruptcy, especially if they were listed, they will often either lift the lien or point you to whoever you need to talk to, to get it done.
Answered on Jun 14th, 2013 at 9:23 AM