How can you remove a small claim judgement lien from your home if bankruptcy was dismissed over a year ago, but you didn’t know there was a lien? 10 Answers as of November 06, 2015

Can a motion to dismiss be filed with circuit court or was it the creditor’s duty to file a satisfaction with the court?

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Ronald K. Nims LLC | Ronald K. Nims
Chapter 7 doesn't remove a judgment lien that was filed before the petition date.
Answer Applies to: Ohio
Replied: 11/6/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
The process to remove a lien from property eligible for a homestead exemption is called a Lien Avoidance and it must be filed in Bankruptcy Court. If the bankruptcy is closed, the bankruptcy case must first be reopened, which will require paying a filing fee. Since the noticing requirements to implement a lien avoidance are tricky, inexperienced attorneys often have problems getting this process through the courts. It helps to know the local rules backwards and forwards to resolve this matter promptly.
Answer Applies to: Nevada
Replied: 11/6/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need to reopen the bankruptcy and file a motion to have it removed under 11 U.S.C. Section 522(f).
Answer Applies to: California
Replied: 11/6/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Was the BR dismissed or discharged? If dismissed, there's nothing you can likely accomplish. If discharged, your state laws, like those of Wisconsin, may provide a means to be rid of a judgment lien. Discuss this with your BR lawyer.
Answer Applies to: Wisconsin
Replied: 11/6/2015
Stephens Gourley & Bywater | David A. Stephens
If it was dismissed you cannot remove it. If it was discharged, you have to file a motion to expunge the lien.
Answer Applies to: Nevada
Replied: 11/6/2015
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    It depends on a few things but in basic principle you might have to reopen your case file a motion to remove the lien if it was placed on your homestead.
    Answer Applies to: New York
    Replied: 11/6/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    To make sure, you state the case was dismissed when I believe you mean you received a discharge. A dismissal is the same as if you had never filed as far as your creditors are concerned. If you received a discharge, your legal liability for the debt was eliminated, but if the judgment creditor had filed a judgment lien against you house, the bankruptcy does not remove liens, and any judgment lien stays in place as a lien on the house. Therefore, the creditor has no obligation to file any satisfaction of the lien. It may be possible to either negotiate an amount the creditors will take to remove the liens, or if it is applicable under your circumstances, a motion to void the judgment liens under Section 522[f] can be brought. However, that would require the case to be reopened and requires that the judgment liens impair your right to a homestead exemption in order to have them removed.
    Answer Applies to: California
    Replied: 11/6/2015
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    You have to move the Bankruptcy Court to re-open your case and to avoid the lien against the property. This entails a motion to re-open the bankruptcy case for purposes of filing to avoid the lien against the property. A motion and a proposed entry are filed, time for objections needs to run - the judge may, depending on the circumstances and jurisdiction, require an appearance by counsel or you, if you are pro se.
    Answer Applies to: Kentucky
    Replied: 11/6/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    It is a rare creditor who would lift a finger voluntarily to remove a lien for you on a judgment discharged in bankruptcy. Usually what you have to do is re-open your bankruptcy case and file a motion to remove it. There are costs involved but it is often uncontested so actual litigation is unlikely.
    Answer Applies to: Oregon
    Replied: 11/6/2015
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    You have to reopen the Chapter 7 to eliminate the judgment lien. Any experienced BK lawyer can help you.
    Answer Applies to: Colorado
    Replied: 11/5/2015
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