Why is there a lien on our house from something we cleared through bankruptcy 9-10 years ago?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Why is there a lien on our house from something we cleared through bankruptcy 9-10 years ago?
We filed bankruptcy almost 10 years ago and upon refinancing our house this month we found that there is a lien on the house from a company that we put on the bankruptcy for $4000. How can we get rid of this once and for all? We were never notified of this lien.
Asked on August 29, 2011 Washington
Answers:
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 12 years ago | Contributor
If the lien is a judgment lien and was recorded prior to you filing your bankruptcy case, then it remains against your property unless you took steps to remove it in the bankruptcy case. The only way to remove it is if it impaired an exemption to which you were entitled on the date your bankruptcy case was filed.
Assuming it did impair an exemption, you can seek to reopen your bankruptcy case and file a Motion to Avoid the Lien under 11 USC 522(f). You will need an attorney for this.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
bankruptcy blog: http://bklaw.com/bankruptcy-blog/
Follow Me on Twitter: @bklawr
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 12 years ago | Contributor
If the lien is a judgment lien and was recorded prior to you filing your bankruptcy case, then it remains against your property unless you took steps to remove it in the bankruptcy case. The only way to remove it is if it impaired an exemption to which you were entitled on the date your bankruptcy case was filed.
Assuming it did impair an exemption, you can seek to reopen your bankruptcy case and file a Motion to Avoid the Lien under 11 USC 522(f). You will need an attorney for this.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
bankruptcy blog: http://bklaw.com/bankruptcy-blog/
Follow Me on Twitter: @bklawr
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 AttorneyPages.com 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.