How do I ask a judge to take a lien off of my house during the chapter 7 bankruptcy process?

A creditor has placed a non-consensual lien on my home. The bankruptcy judge rejected my request to remove this lien. (without prejudice). This is a money judgement issued by a court after I signed an agreement to repay my credit card, at a reduced rate, monthly. I am allowed to claim an exemption in my property. The Judge indicated that I need to cite law in order for him to do it. How should I phrase my response to include the removal any other liens placed on my property by creditors named in my bankruptcy action, either known or unknown to me. Which law do I cite?

Asked on July 23, 2012 under Bankruptcy Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with an attorney who practices in the area of debt collection law as to what can be done to have a valid abstract of judgment recorded on your real property removed that was placed before you filed for bankruptcy protection.

From what you have written, it appears that the judgment creditor was allowed under the laws of all states in this country to have recorded the abstract of judgment on your property even though you may have a monthly agreement with the judgment creditor to pay off the judgment on a monthly basis.


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