Can I avoid a lien after filing for Chapter 7 bankruptcy? 15 Answers as of March 16, 2011

I am 66 and need to know if once a judicial lien on my exempt home is avoided in a Chapter 7 bankruptcy, can that creditor put it right back on my home or is that creditor permanently prevented from ever putting that lien on my home by the bankruptcy ruling?

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Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If the judicial lien is eligible to be removed or "stripped" due to impairment of your exemption, then it would be permanently removed and the creditor forever barred from collecting on the debt.
Answer Applies to: Indiana
Replied: 3/16/2011
The Doan Law Firm
The Doan Law Firm | Shawn Doan
Yes, you can usually avoid the amount that impairs your homestead exemption. You would need to consult with a well qualified bankruptcy attorney such as ourselves.
Answer Applies to: California
Replied: 3/15/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If a creditor could put a lien that was removed in bankruptcy back on a property, there wouldn't be any reason to have it removed (avoided) in a bankruptcy in the first place. Whether or not you can remove a lien depends on the value of the property, amount of senior liens, and amount of exemptions you have available under applicable law. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.
Answer Applies to: California
Replied: 3/14/2011
The Law offices of Cheryl L. Sommers
The Law offices of Cheryl L. Sommers | Cheryl L. Sommers
If the lien was on the property before you filed your bankruptcy, the lien remains until the home transfers. In other words, the judgment creditor cannot attempt to collect the debt from you but if you refinance or sell your property, the lien remains and will be paid off. If you filed bankruptcy before they placed the lien on the home then they cannot lien it after- assuming the debt was discharged in your bankruptcy.
Answer Applies to: California
Replied: 3/14/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Motions to avoid judicial liens are brought under 11 U.S.C. Section 522(f) of the bankruptcy code. If your motion is granted, then the creditor is permanently barred from putting that lien back on your home. You should have expert bankruptcy counsel assist you in the analysis and preparation of the motion. For a free consultation, call me.
Answer Applies to: California
Replied: 3/14/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    Once a lien is avoided in Chapter 7 Bankruptcy it is discharged fully. The creditor may not just re-file a new lien on the property.
    Answer Applies to: New Hampshire
    Replied: 3/14/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Only your attorney can tell you if they can do lien. Without all of your information, an attorney will just be guessing. Call your attorney.
    Answer Applies to: Alabama
    Replied: 3/14/2011
    Southern California Law Advocates
    Southern California Law Advocates | Norma Duenas
    If a judgment lien was placed on your exempt property by a judgment creditor then you can avoid this lien by filing a 522(f) motion in a Chapter 7 bankruptcy case. Under 522 (f) an non consensual lien on exempt property can be avoided to the extent it impairs your homestead exemption. Once the lien has been avoided in bankruptcy the creditor cannot place the lien again on your property.
    Answer Applies to: California
    Replied: 3/14/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It can be done. Once the lien is removed the creditor can not put it back. You should consult a lawyer to get this done.
    Answer Applies to: California
    Replied: 3/14/2011
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    You should make a motion to avoid the lien as impairing exempt property under 522(f). Contact my office if you need further assistance and you are not represented by counsel.
    Answer Applies to: California
    Replied: 3/14/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    If the debt is discharged in the bankrutpcy case then they can never put a judicial lien on your home since there is no debt on which the lien could be based. Therefore, no debt, no lien possible. The judicial lien you now have against your home is not enforceable if the debt was discharged. The problem is that the judicial lien clouds the title to your property and will make more difficult to do a sale or refinance so it is better to have it declared void by the bankruptcy court while the case is still open. That way you will not have to be proving that the debt was discharged when in the future you sell your home or refinance the mortgage. It is realtively cheap to do it and it is worth to remove the lien created when the creditor filed the Abstract of Judgment with the County Recorder's Office.
    Answer Applies to: California
    Replied: 3/14/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    You must make a special motion to avoid the lien, which is complicated and takes some expertise. Best to consult with a lawyer who has actually done this, as you will have a VERY hard time doing this as your own lawyer.
    Answer Applies to: California
    Replied: 3/14/2011
    Gus Johnson Attorney at Law
    Gus Johnson Attorney at Law | Gus Johnson
    Bankruptcy will void the lien.
    Answer Applies to: South Dakota
    Replied: 3/14/2011
    The Carmichael Firm
    The Carmichael Firm | Booker Carmichael
    If it is a judgment lien you may recieve a discharge in bk. Please call my office to discuss your all options .
    Answer Applies to: Louisiana
    Replied: 3/14/2011
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