QUESTION

Why does my homeowners tittle have a lein on it?

Asked on Feb 14th, 2014 on Bankruptcy - Indiana
More details to this question:
I am selling my house and the tittle company found a lein on the house from a company included in the bankruptcy in 2009
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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Was the lien recorded before or after your bankruptcy case was filed? The short answer to your question is that the lien is there because the creditor recorded it.   The confusion you are having, I believe, surrounds whether a bankruptcy discharge affects liens against property.   It does not. As my article on liens and discharges in bankruptcy points out, liens survive bankruptcy discharge unless you file a Motion to have them removed as part of your bankruptcy case. A Motion to Avoid the Lien can be sucessful if you meet the requirements set forth in 11 U.S.C. 522(f), which is essentially if the lien impairs an exemption to which you were entitled--under applicable state or federal law--on the date your bankruptcy case was filed.  This is purely a numerical analysis which takes into account the value of the property on the date your case was filed, the amount of all liens against the property, and the amount of your available exemption that you hopefully took on the property in your bankruptcy papers. You can reopen your bankruptcy case to remove the lien if you meet the requirements. You should consult with a bankruptcy attorney in your area for more details. If the the judgment lien was recorded after your bankruptcy case was filed, then it is not able to be removed via bankruptcy under any circumstance. Mark Markus
Answered on Feb 15th, 2014 at 1:53 AM

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