Can a lien be put into a bankruptcy? How? 8 Answers as of August 10, 2015

I am planning on filing bankruptcy and a car I had a loan on and was voluntarily repossessed in 2014 put a lien on my house for 8,000 dollars. Can I put that in to the bankruptcy? And on another note if I went to court regarding this in 2013 and they (the plaintiff) never showed how can this be valid?

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You can discharge the debt in the bankruptcy and ask your attorney to avoid the lien.
Answer Applies to: New York
Replied: 8/10/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
In Wisconsin at least, there is a procedure by which a judgment, whose underlying debt has been discharged in bankruptcy, can be ordered 'satisfied' by a State court judge which means it goes away. It's generally good to have a capable lawyer represent you.
Answer Applies to: Wisconsin
Replied: 8/7/2015
Ronald K. Nims LLC | Ronald K. Nims
Liens on real estate are not dischargeable in Chapter 7 bankruptcy. Under certain circumstances liens are dischargeable in Chapter 13 bankruptcy. Debts which do not have a lien on property, including judgments, will be discharged in either bankruptcy.
Answer Applies to: Ohio
Replied: 8/6/2015
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
Everything depends on the facts of the case. If the judgment lien recorded against your house encroaches on the amount of your homestead exemption (which gets triggered upon filing the bankruptcy whether or not you filed a homestead declaration before and depends on your age and family composition), you should be able to get rid of it through a motion filed within a bankruptcy case. As to how the lien is valid, there are too many situations in which you would go to Court and the lien would still be valid for me to speculate without more data; for example, if you did not respond on time to the complaint, but showed up at a status conference after the plaintiff had taken your default, the plaintiff might still get the judgment. Thus, I would need more information to determine the validity of the judgment, which, if valid, would then need to be challenged in the Court that entered it.
Answer Applies to: California
Replied: 8/6/2015
GARCIA & GONZALES, P.C. | Richard N. Gonzales
The lien can be voided in the bankruptcy process. It's in addition to the Chapter 7 attorney fee (and costs).
Answer Applies to: Colorado
Replied: 8/6/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Judgement lien may be avoid in bankruptcy if the judgement impairs (affects) you homestead exemption. You need to see local counsel.
    Answer Applies to: California
    Replied: 8/6/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Not sure about the second question but yes, the personal debt from the repo should be included in your case.
    Answer Applies to: California
    Replied: 8/6/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    There are many types of liens, and although you MUST put all debts into your bankruptcy, bankruptcy generally does not alter the status of liens. The one exception would be a lien that is placed on property as a result of a court judgment and impairs the homestead right. For this special lien, a court action can be brought within the bankruptcy case to avoid a lien of this nature. The noticing requirements to implement this are rather complex and I have seen inexperienced attorneys take over a year to get the process done correctly.
    Answer Applies to: Nevada
    Replied: 8/6/2015
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