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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.