If we reopen our bankruptcy case to file the motion to avoid liens so we have a clear title, will we have to wait 2 years to refinance? 8 Answers as of August 19, 2016

We filed bankruptcy in 2012 and our debts we discharged. Our house was foreclosed on. We rented for the next 2 years and got our credit back in good standing. My brother passed away and left his home to the family. It was owned free and clear. We took out a home equity loan to repay family members for their involvement in remodeling the home. We tried to refinance that loan and discovered liens on the property from discharged debts. Is there a chance the courts would deny us reopening our case?

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Ronald K. Nims LLC | Ronald K. Nims
To be sure I've got your facts straight, let me repeat them.You filed bankruptcy in 2014.You lost your house in a foreclosure.You inherited your late brother's houseAnd now there are liens from your bankruptcy on your brother's house. Since your brother owned the house when you filed bankruptcy, none of the liens from your debt were attached to his house until he died and you inherited it. By law, liens discharged in bankruptcy can't attach to property acquired after you filed the bankruptcy. So your old creditors' judgment liens on still on the records and appear to attach to the house but really they haven't attached. If you contact the lienholders, they will release the liens. If they refuse to release the liens, you can either go to the bankruptcy court or your county court and get them released. You need to speak with a bankruptcy lawyer to determine whether bankruptcy court or county court is the best option.
Answer Applies to: Ohio
Replied: 8/19/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If I follow you correctly you owned home and it was foreclosed. That should have wiped out the judgement liens. Those liens attach only to the property you had when you filed for bankruptcy. You need to see a good lawyer.
Answer Applies to: California
Replied: 8/17/2016
Stephens Gourley & Bywater | David A. Stephens
Eliminating no-mortgage liens should not affect the time table to refinance.
Answer Applies to: Nevada
Replied: 8/17/2016
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
The judgments are not enforceable as they were discharged. You received this house after you BK I assume. if so reopening your BK will not do anything.
Answer Applies to: Florida
Replied: 8/17/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You could certainly try to reopen the federal bankruptcy case, in particular if you discover new debts that you didn't know about before. Some BR courts are more generous than others about permitting the reopening, and in any event there is a $300 charge. But are the debts your debtor were they at the time of the BR? If not, they really cannot be discharged in your prior bankruptcy case. If you live in Wisconsin, and if you listed those debts in your own bankruptcy, then you can go straight to the (state) court for the county in which the judgments are docketed and move to have the liens 'satisfied.' See sec. 819.06 of the Wisconsin Statutes. You can also hire a lawyer to attend to this for you. You might want to check with the probate case. It is possible that there is something there you could use to void the liensor pay them off. In fact, since this is a bit complicated, you might want to hire an experienced BR lawyer to advise and represent you. It's almost always worth the investment.
Answer Applies to: Wisconsin
Replied: 8/17/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Reopening your bankruptcy case will not change your discharge date, and the discharge date is the date that lenders rely on to make decisions about refinancing loans. However, you may wish to contact a local credit union about refinancing your mortgage, as they are able to give you loans in as little as one year after your discharge.
    Answer Applies to: Nevada
    Replied: 8/17/2016
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    The facts you relate suggest that this is a discharge violation, which I have prosecuted without reopening the case at all.
    Answer Applies to: California
    Replied: 8/17/2016
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    No.
    Answer Applies to: Colorado
    Replied: 8/17/2016
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