Can they file bankruptcy to have a court ordered lien in someone’s property removed? 14 Answers as of May 28, 2013

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The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
I'm not sure who "they" is, but yes certain liens can be removed in a bankruptcy case, such as judgment liens which impair an exemption to which the debtor is entitled under applicable law.
Answer Applies to: California
Replied: 9/7/2012
Steven Alpers | Steven Alpers
It depends if there is equity or not.
Answer Applies to: California
Replied: 9/7/2012
Stephens Gourley & Bywater | David A. Stephens
Yes.
Answer Applies to: Nevada
Replied: 5/28/2013
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
The references to "they" and "someone" confuse, but in general, a judicial lien can be avoided (removed) during the pendency of a bankruptcy case, if it impairs the bankruptcy debtor's exemption. Pursuant to Bankruptcy Code section 522(f), this-here San Diego bankruptcy lawyer routinely avoids judgment liens that had been recorded prior to the bankruptcy filing. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy or legal action.
Answer Applies to: California
Replied: 9/7/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes.... done all the time if the lien "impairs an exemption." Meaning it interferes with a homestead exemption.
Answer Applies to: California
Replied: 9/7/2012
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    It depends on the reason for the lien. If it is because you had a judgment from a credit card, yes. If it is due to taxes or drunk driving injuries, or for work someone did on your house, that is very fact specific and you should consult your bankruptcy attorney. Good Luck!
    Answer Applies to: Michigan
    Replied: 9/7/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Possibly. You need to discuss with attorney to see what options you have.
    Answer Applies to: Florida
    Replied: 9/7/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Depends on the original status of the loan which placed the lien on the property. If the original loan is a secured loan, then no, filing for bankruptcy would not help. If the original loan is unsecured, then bankruptcy could remove it.
    Answer Applies to: Florida
    Replied: 9/7/2012
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