If I have a recent lien on my home from a creditor and file bankruptcy, can I get the lien removed? 11 Answers as of May 24, 2017

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Ronald K. Nims LLC | Ronald K. Nims
Probably, in Ohio judgment liens are released in bankruptcy unless you have more than $132,000 of equity in your home.
Answer Applies to: Ohio
Replied: 5/24/2017
Stephens Gourley & Bywater | David A. Stephens
That depends on the nature of the lien and the equity in your house.
Answer Applies to: Nevada
Replied: 4/25/2017
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
If it was a judicial lien. Yes.
Answer Applies to: Michigan
Replied: 4/25/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Typically, yes.
Answer Applies to: Colorado
Replied: 4/25/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Sometimes. If the Lien attached within 90 days before you filed your petition and the lien strengthened or improved the creditors position, you may be able to have the lien avoided period however if you are in a chapter 7 the t goes to the trustee, and eventually your creditors period Discuss Vegas with an experienced bankruptcy lawyer period it's almost always worth The investment period.
Answer Applies to: Wisconsin
Replied: 4/23/2017
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Only if the amount owed on the home plus your homestead exemption exceed the fair market value. You need to see local counsel.
    Answer Applies to: California
    Replied: 4/22/2017
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes that is one of the reasons to file bankruptcy.
    Answer Applies to: New York
    Replied: 4/22/2017
    Law Office of Susan G. Taylor
    Law Office of Susan G. Taylor | Susan G. Taylor
    If it is a valid lien, it goes through bankruptcy unaffected. Consult an attorney to determine whether it can be set aside.
    Answer Applies to: Texas
    Replied: 4/22/2017
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Depends on what kind of lien it is. The kind of lien you can remove in a chapter 7 bankruptcy is a lien from a court judgment. Other kinds of liens cannot be removed in a Chapter 7 bankruptcy, but might be eligible to be removed in Chapter 13 under the right circumstances. For example, if the lien is a STATUTORY lien created by state law, you cannot get that lien removed in a Chapter 7. Examples of this kind of liens include trash and utility liens, public hospital liens, tax and IRS liens, and liens relating to work performed by a licensed contractors. And a lien from a mortgage or secured debt you took out cannot be removed in Chapter 7 but might be eligible to be removed in Chapter 13. The devil will be in the details.
    Answer Applies to: Nevada
    Replied: 4/22/2017
    Garner Law Office
    Garner Law Office | Daniel Garner
    It's possible but depends on many factors you should discuss with a bankruptcy attorney.
    Answer Applies to: Oregon
    Replied: 4/22/2017
    OlsenDaines | Rex Daines
    In most circumstances you can have that lien removed. There is a separate process from the bankruptcy to get this done.
    Answer Applies to: Oregon
    Replied: 4/22/2017
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