QUESTION
Would filing for bankruptcy clear the lien on my house?
Asked on Sep 22nd, 2012 on Bankruptcy - Florida
More details to this question:
I have a judgement against me. The judgement was then used to put a lien on a house that I co-own with someone else.
8 ANSWERS
Daniel James Wilson
Yes, if you have an attorney who knows what he is doing, judgment liens can be avoided.
Answered on Sep 27th, 2012 at 4:40 PM
It will depend on what the judgment was for. Most likely it will though, but there are some things that will not be discharged. Make sure you mention the lien to your attorney so he knows to take steps to make sure it is lifted.
Answered on Sep 27th, 2012 at 4:40 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Possibly, but it depends on the state where the property is located. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them. My best to you.
Answered on Sep 27th, 2012 at 4:40 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The lien will only be cleared if the house does not have equity which is greater than the amount of the mortgage.
Answered on Sep 27th, 2012 at 4:39 PM
Bankruptcy & Debt Attorney serving Torrance, CA
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Saperstein Law Firm
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If the co-owner is not your spouse whose co-ownership interest is community property, and if the judgment lien attached after the co-owner acquired his or her ownership interest, then the judgment lien against you only attaches to your ownership share of the house. If the co-owner is not your spouse, and the judgment is not against the co-owner of the house, then the co-owner's share of the house is not subject to the lien of the judgment creditor. The judgment lien on a debtor's residence will survive a Chapter 7 or 13 bankruptcy case unless it can be avoided [extinguished] by a motion to the bankruptcy judge for an order avoiding the judgment lien on the ground that the lien impairs your homestead exemption. You will need a bankruptcy attorney to make such a motion. Several conditions must exist for the motion to succeed. First, you must prove you reside in the house. Second, you must prove that you have less equity in your house than the full amount of your automatic homestead exemption, but if the bankruptcy court would make an order reducing or eliminating the judgment lien, then that would produce equity up to the amount of your automatic homestead exemption. The amount of the automatic homestead exemption in California is $75,000 for a single person, and it is higher if you have a spouse or child residing in the house with you, and it is still higher if you are disabled or over the age of 65 or over the age of 55 with limited income.
Answered on Sep 25th, 2012 at 2:58 PM
Maybe. It depends on the equity that you have a home.
Answered on Sep 25th, 2012 at 2:57 PM
No. Bankruptcy does not affect liens of secured lenders.
Answered on Sep 25th, 2012 at 9:52 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You really need to consult with a bankruptcy attorney. You cannot rely on a petition preparer to give you legal advice, although they are cheaper, you get what you pay for. It depends upon which chapter you are able to file. If you file a chapter 7, the trustee will get your interest in the house that is co-owned with someone else, and probably try to sell your interest in it to the co-owner. If you file a chapter 13, you will have to pay a portion of the judgment against you, as high a percentage of what is owed as you can pay over the course of 3 years, extended to 5 with court approval. You need an attorney to help with these issues.
Answered on Sep 25th, 2012 at 9:52 AM