Does my chapter 7 discharge remove the lien on my house if there is a worker's comp judgment against me? 7 Answers as of November 13, 2015

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Nope. The lien stays, however there is a way to remove it if (and only if) your current equity is less than your homestead exemption. If that is is the case some or all of it could be removed. You need to see a lawyer about doing this.
Answer Applies to: California
Replied: 11/13/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
A Chapter 7 discharge alone does not remove any kind of lien. In some instances, a judgment lien can be removed by a special proceeding called a lien avoidance. This proceeding involves additional work and would not be covered by any standard flat fee bankruptcy fee agreement.
Answer Applies to: Nevada
Replied: 11/13/2015
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
It may more info needed.
Answer Applies to: Michigan
Replied: 11/13/2015
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
No. You must file a motion to expunge the lien. Do so before your case is closed or you will have to file a motion to reopen your case and pay a pretty hefty filing fee to get it open.
Answer Applies to: Nevada
Replied: 11/13/2015
Garner Law Office
Garner Law Office | Daniel Garner
No, liens are not removed by a standard chapter 7 without a separate motion, although the underlying judgment might have been rendered unenforceable against you personally. If you got your discharge, it is possible for you to re-open your bankruptcy case for the motion to strip the lien. However, without more facts I cannot say whether you would prevail on that motion.
Answer Applies to: Oregon
Replied: 11/13/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Not of itself. Consult your lawyer for the details of how such a lien MIGHT be avoided.
    Answer Applies to: Wisconsin
    Replied: 11/13/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    A bankruptcy discharge only removes your personal obligation to repay the debt. A bankruptcy discharge by itself does not remove liens. If there is a judgment lien, if you are entitled to a homestead exemption and the amount of the judgment lien does not allow you to take the full amount of your homestead, it may be possible to remove the lien under Section 522f if your case is open or if you file a motion to reopen if closed.
    Answer Applies to: California
    Replied: 11/13/2015
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