Should the release of a lien occur after Chapter 7? 10 Answers as of May 17, 2011

I filed chapter 7 bankruptcy. Now in the process of closing on my house as a short sale after two years on market, a water system company is saying I still need to pay them to remove the lien. My trustee said there is another step to have liens removed after the discharge but now one will tell me what I need to do. I filed my own Bankruptcy paper work.

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Filing bankruptcy discharges your personal obligation to your dischargeable debts, but it does not remove judicially imposed liens from your home. To do this, you need to file a separate Motion to Remove Judicially Imposed Lien that Impinges on Your Homestead Exemption. This needs to be done while your bankruptcy case is still open. If you need help with this, please call me.
Answer Applies to: California
Replied: 5/17/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
You need to bring a motion to avoid the lien.
Answer Applies to: Washington
Replied: 5/4/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
To remove a judgment lien you need to file a motion to avoid lien under section 522f of the bankruptcy code. Also, you can contact the judgment creditor and try to make a deal that pays them something to remove the lien without a motion.
Answer Applies to: California
Replied: 5/4/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You have to file a motion to get that done. Where I practice you need an appraisal as evidence to support the motion. The trustee can not give you legal advice. You will need to see a lawyer to remove this lien.
Answer Applies to: California
Replied: 5/4/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If the lien was a judicial lien and it impaired an exemption to which you were entitled under applicable law, then you can file a motion to reopen your bankruptcy case and then, if granted, a separate motion to avoid the lien under 11 USC 522(f) (which should have been done while your bankruptcy case was still open). You will have to include in the motion to reopen the reasons for your delay in seeking the avoidance of the lien.
Answer Applies to: California
Replied: 5/4/2011
    Law Office of Larry Webb
    Law Office of Larry Webb | Larry Webb
    Is your bankruptcy discharged? Is the water bill for usage after you filed bankruptcy? If so you owe it. The trustee is prohibited from giving you legal advice. You should consult with an attorney.
    Answer Applies to: California
    Replied: 5/4/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Liens can be avoided under Chapter 13. Consult with an attorney.
    Answer Applies to: California
    Replied: 5/4/2011
    The Law Offices of Alan M. Laskin
    The Law Offices of Alan M. Laskin | Jared B. Gaynor
    You needed to file a "Motion to Avoid Lien" during your bankruptcy. While secured debts are discharged, technically, liens are not automatically stripped as a result of that discharge. You should consult with a BK attorney to do this, as you will have to reopen your bankruptcy and complete technical motion paperwork - this is not really doable by most pro per filers.
    Answer Applies to: California
    Replied: 5/4/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    In order to have a judgment lien removed from property, a motion must be filed with the bankruptcy case while the case is open. If it has been closed, you may try to reopen for the purpose of filing a motion to remove the judgment lien, but whether the judge reopens the case is entirely discretionary.
    Answer Applies to: Indiana
    Replied: 5/3/2011
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    You probably need to motion the court to reopen the case for purposes of avoiding the lien. There are several ways to avoid liens in bankruptcy, some of which are not available in chapter 7 liquidation. You should speak to an attorney immediately.
    Answer Applies to: California
    Replied: 5/3/2011
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