Do liens go away with bankruptcy? 23 Answers as of June 17, 2011

After bankruptcy, do liens and judgements go away?

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Lakelaw - Loop Bankruptcy
Lakelaw - Loop Bankruptcy | David Leibowitz
Liens remain on property after bankruptcy except in the case of fully unsecured liens in chapter 13 cases - these can be "stripped".
Answer Applies to: Illinois
Replied: 6/17/2011
Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
In order to discharge a lien one must file a specific motion called a 522f Motion to Determine the Dischargeability of the Judgment liens as being an infringements upon the home equity. In Connecticut you have an exemption of 75,000 of equity in your home residence. If you have less than seventy five thousand dollars of equity after the mortgages on your house and then you also have judgment liens you can file a Motion to strip the liens off of your property that infringe upon your exemption of equity.
Answer Applies to: Connecticut
Replied: 6/15/2011
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
Most liens and judgments can be removed with bankruptcy.
Answer Applies to: California
Replied: 6/15/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
In most circumstances, judgment liens on creditor suits and creditor judgments are "discharged" through bankruptcy. There are some cases in which liens remain.
Answer Applies to: Indiana
Replied: 6/15/2011
The Northwest Debt Relief Law Firm
The Northwest Debt Relief Law Firm | Thomas A McAvity
The filing of a bankruptcy will not automatically eliminate liens. Generally, liens can be eliminated by Motion or, where available, by provision in a chapter 13 plan.
Answer Applies to: Oregon
Replied: 6/15/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Not automatically. Your lawyer may be able to have them removed.
    Answer Applies to: Virginia
    Replied: 6/15/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    There is a motion procedure to remove judgment liens in bankruptcy. The bankruptcy code authorizes lien removal in section 522 (f). Consult with an attorney to find out the procedures to do this.
    Answer Applies to: California
    Replied: 6/15/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    No, liens survive bankruptcy. Generally.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    Re: liensno; specific "avoidance" actions are required IF it is possible to remove the liens.
    Answer Applies to: California
    Replied: 6/15/2011
    Ellahie & Farooqui LLP
    Ellahie & Farooqui LLP | Javed Ellahie
    While the personal obligation of the debtor is discharged by the bankruptcy, to the extent the liens attach to any property they stay in place, unless the debtor obtains a court order voiding the liens. This is done if there is an exemption that the debtor is entitled to and is impaired by the lien. Ins uch a case debtor needs to file a Motion to Avoid Judicial liens. Note - This motion does not void tax liens. You should note that liens are really only effective as against property that existed at the time bankruptcy was filed.
    Answer Applies to: California
    Replied: 6/14/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    The short answer is yes. However, if you own a home or any real property recorded judgments become perfected liens. In this case you will need to file a motion to avoid the liens. If you do not own any real property then the bk will take care of it.
    Answer Applies to: California
    Replied: 6/14/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    No. You usually have to file separate documents in order to remove liens.
    Answer Applies to: California
    Replied: 6/14/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    Not without taking action to remove the liens. Secured debt is different than unsecured debt and specific action must be taken to release the debt.
    Answer Applies to: New Hampshire
    Replied: 6/14/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Only if a motion to avoid them is filed in the bankruptcy case. If you are trying to remove them from real property an appraisal is generally required. If your bankruptcy has already closed you can file a motion to reopen it.
    Answer Applies to: California
    Replied: 6/14/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    It will depend on the type of lien and if the appropriate motion to avoid that lien has been filed and granted with the court.
    Answer Applies to: Georgia
    Replied: 6/14/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    If the lien is a judgment lien, and it has already attached to property you own, you will probably have to file a Motion to Avoid Lien to remove it. This is a separate procedure that can be done in the Bankruptcy Court, but the filing of the bankruptcy in and of itself eliminates your obligation to pay, not a lien which as attached prior to filing.
    Answer Applies to: California
    Replied: 6/14/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Debts on judgments are dischargeable (assuming that they are not one of the statutorily excluded items, such as debts incurred by fraud, domestic support obligations, certain taxes, student loan debts, etc.). Any liens that have attached to property as of the date the bankruptcy case is filed will remain against that property after the bankruptcy case is concluded, UNLESS a separate action is taken to remove the lien in the bankruptcy case. The ability to do this depends on the type of lien, and whether or not it impairs an exemption to which you are entitled 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: 6/14/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No, generally liens are not removed by a Chapter 7 bankruptcy discharge, especially mortgage liens.
    Answer Applies to: California
    Replied: 6/14/2011
    Law Office of Nanina Takla
    Law Office of Nanina Takla | Nanina Takla
    Judgments don't go away after bankruptcy the judgment still remains in the court's records. what goes away is the judgment holder's legal right to collect the judgment against you personally. If you had real property at the time the judgment was entered, in Oregon, it automatically becomes a lien on your property. The bankruptcy doesn't automatically make this lien go away. You can "avoid" the lien as part of the bankruptcy process if the real property is your home and its value is less than your equity in the property plus your homestead exemption ($40,000 for individual, $50,000 for spouses jointly owning the property). You have to take additional steps in your bankruptcy case to avoid the judicial lien.
    Answer Applies to: Oregon
    Replied: 6/14/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    Yes, they can. A motion to avoid a lien is sometimes required.
    Answer Applies to: California
    Replied: 6/14/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Judgments go away, but liens do not. A lien is a collection device against property, not you personally, so they remain attached to the property. You may be able to petition the bankruptcy court to strip the liens from the property, however, depending upon your case.
    Answer Applies to: California
    Replied: 6/14/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Judgments and liens can be eliminated with bankruptcy.
    Answer Applies to: California
    Replied: 6/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Some liens survive bankruptcy. Certain liens, if a proper motion is filed, can remove certain liens. So even if a debt is discharged, some liens may remain. This is one of many reasons you need experienced counsel.
    Answer Applies to: Georgia
    Replied: 6/14/2011
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