QUESTION
What is the procedure for removing a lien of judgment in State court after a bankruptcy discharge?
Asked on May 23rd, 2011 on Bankruptcy - Indiana
More details to this question:
What is the procedure for removing a lien of judgment in State court after a bankruptcy discharge? This was listed in the bankruptcy but I was informed by my local court that I had to file "A Notice" but were not helpful in providing information regarding what form to use. Thank You!
7 ANSWERS
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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Re-open the case and file a motion to void judgment lien.
Answered on Jun 01st, 2011 at 9:07 AM
Bankruptcy Attorney serving Atlanta, GA
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Saedi Law Group, LLC
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Depending on the type of lien you may need to reopen your bankruptcy case to avoid that lien. If you used an attorney to handle your bankruptcy he or she should be able to assist you with this process.
Answered on May 27th, 2011 at 12:41 PM
Litigation Attorney serving Portland, OR
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Daniel G. Hoarfrost
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If you're in Oregon and the discharge has already been entered, the procedure is to file a Motion and Order in the State Court file. Attorney fees for such a motion are about $500.
Answered on May 26th, 2011 at 12:52 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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You have to file a motion to avoid judicial lien. That has to be done before the case is closed and if the case is closed you have to file a motion to reopen the bankruptcy case. You need a bankruptcy attorney to do this given the complexity of the matter.
Answered on May 26th, 2011 at 12:27 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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A judgment lien can be avoided pursuant to Section 522 (f) of the bankruptcy code. This needs to be done during the case being open. If the case is closed you would need to re-open it to do this.
Answered on May 25th, 2011 at 12:29 PM
Bankruptcy Attorney serving Seattle, WA
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Symmes Law Group, PLLC
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It sounds like you may need to file a motion to avoid lien. This allows the bankruptcy judge to make the line void.
Answered on May 25th, 2011 at 12:10 PM
Most liens can only be removed by an order of the bankruptcy court when there isn't any equity in the real estate.
Answered on May 25th, 2011 at 11:05 AM