Can I reapply for a lien after the debtor filed bankruptcy? 9 Answers as of March 08, 2011

I had a lien on a home of someone who claimed bankruptcy. My lien was taken off and I no longer have any way of collecting the debt. Can I reapply to have the lien put back on the home?

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
My first impulse was to merely say no. But then I wondered how long ago this happened and would process was used and by whom. You should immediately speak to an attorney if you can do a motion for re-hearing or not. Did they comply with the notice requirements?
Answer Applies to: Missouri
Replied: 3/8/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No the debt is erased.
Answer Applies to: Tennessee
Replied: 3/2/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
No.
Answer Applies to: California
Replied: 3/2/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Problaby not. That is the point of the bankruptcy. You can not collect on a discharged debt.
Answer Applies to: California
Replied: 3/2/2011
Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
There isn't enough information in your question to answer it fully. Was it a junior lien that was stripped in the bankruptcy, which had to be a Chapter 13. If it was, and if the bankrupt completes his or her plan, then the answer is no. If it is some other situation, then I don't know.
Answer Applies to: California
Replied: 3/2/2011
    Builders Law Group
    Builders Law Group | Nick Campbell
    Probably not.
    Answer Applies to: California
    Replied: 3/2/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    No. There would not be any purpose to bankruptcy relief if that were possible. If you try to put a lien on the property again, it would be a violation of the discharge injunction, which is punishable with damages, etc.
    Answer Applies to: California
    Replied: 3/2/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    How was the lien "taken off"? Did the debtor receive a discharge in the bankruptcy? You certainly cannot put the lien back on while they are in bankruptcy, but if their case gets dismissed without a discharge being granted, you probably can. Not enough information to answer fully.
    Answer Applies to: California
    Replied: 3/2/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Not if they went bankrupt. The debt is wiped out.
    Answer Applies to: Alabama
    Replied: 3/2/2011
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