Can I file for bankruptcy if a lien has been put on my house? 25 Answers as of February 27, 2012

In the Middle District, if you have equity in your home over and above your exemptions, you cannot avoid the lien on your home.

Yes, in most cases the lien can be avoided (erased) by filing a motion in your bankruptcy case. It won't happen automatically you have to request that the lien be removed.

Depends on the type of lien, but generally filing bankruptcy AND then bringing a motion under section 522(f) of the bankruptcy code will get rid of the lien. It depends on some factors like the amount of equity you have in the house and the type of lien.

Filing will not remove the lien. However, if it's a judgment lien and depending on how much equity you have in your house, you may be able to have it removed in your bankruptcy. You bring what's called a Motion to Avoid a Lien on Real Property. This is an extra procedure and will cost you about the same as the bankruptcy from most attorneys.

Filing bankruptcy will not automatically remove the lien but the lien may be avoided while your bankruptcy is pending. If the lien can be avoided, then a separate Motion must be filed with the court and if the Judge signs off on the Order Avoiding the Lien, then the lien can be removed once you receive a discharge.

Filing a bankruptcy does NOT remove liens. However, a good lawyer may know how to separately attack and remove the lien via motion. Hire one.

You can file for bankruptcy if a lien has been placed on your house. However, once there is a lien the filing by itself will not remove the lien. You need to file a separate motion to remove the lien from the home. You should really consult an attorney in this case.

Bankruptcy does not remove liens form property except 1) if the lien is a judgment lien that lien and impairs your right to an exemption on the property or 2) if you are doing a Chapter 13 and the lien is not secured and can be stripped off.

You can file for bankruptcy if there is a lien on the house. If you want to remove the lien from the property you would need to do a lien avoidance motion while your bankruptcy is pending. Filing bankruptcy only eliminates your personal obligation on the debt, while the lien would still be attached to the real estate.

Yes. Bankruptcy is an effective way to resolve liens.

It should as this is a non-puchase money non-possessory lien.

Yes, you can file bankruptcy if you have a judicial lien on your house, it is not too late. If on the other hand, you are talking about a mortgage, then you can still file buy you may be asked to reaffirm that debt assuming you are not too far behind on your notes. Please note that my review of your questions are based upon a question with limited facts and therefore it is not to be considered legal advice, nor does it create a client/attorney relationship. I suggest that you schedule a meeting with an attorney who will need to find out more details about your issue before any meaningful conclusions can be reached.

Liens survive bankruptcy unless you file a motion to remove the lien. In some circumstances, a lien can be avoided in bankruptcy-but a special procedure is required-it is not automatic.

Filing of bankruptcy will discharge you of personal liability. Filing a motion to avoid lien during the bankruptcy can avoid the lien if it impairs equity.

You can file for Bankruptcy, but it will not remove the lien.