More information is required to answer this question on chapter 7 Bankruptcy or chapter 13 bankruptcy. What type of bankruptcy are you filing; chapter 7 bankruptcy or chapter 13 bankruptcy? Is chapter 7 bankruptcy if you get your mortgage payments up to date you may keep the property. As for the liens chapter 7 bankruptcy does not discharge these liens. Chapter 7 bankruptcy can only discharged debts, a lien attaches the debt to collateral such as property and will remain attached to the property even after you file chapter 7 bankruptcy. In chapter 13 bankruptcy, once you have completed making all payments on your repayment plan, the liens should be able to be removed from your property. It is important to remember in either chapter 7 bankruptcy or chapter 8 bankruptcy, neither will remove debts attached to a piece of property to an instrument such as a mortgage or lien, I'm a lot us that get has been repaid.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Feb 20th, 2012 at 11:38 AM