Should we file a motion to relsease a lien during chapter 7 bankruptcy? 9 Answers as of July 06, 2011

My husband and I are filing for bankruptcy, chapter 7. We do not own any properties (but are looking forward to it after a few years). My husband has a lien on his credit report from before we were married. Should we file a motion to release lien even though we do not own properties? Would it show up later when we buy a home?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Sounds like you are asking about an abstract of judgement. You do not need to do anything to remove it now. At the time you do buy a home you will need to prove you filed bankruptcy. You could record a certified copy of your discharge, but I have never seen that required.
Answer Applies to: California
Replied: 7/6/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Where is the lien placed? Is it just on the card? Then filing bankruptcy should release it because the card will be gone. If it's more, then you should not file on your own and should have an attorney assist you.
Answer Applies to: Virginia
Replied: 6/28/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You should definitely consider it. You should seek the more specific advise on your particular situation with a Bankruptcy attorney.
Answer Applies to: New Hampshire
Replied: 6/28/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
If there is no property for the lien to attached when the bankruptcy is filed and the debt is discharged, there is no debt for the lien to attach.
Answer Applies to: California
Replied: 6/28/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
There are two types of liens that can be avoided under section 522 (f) of the bankruptcy code. One is a judgment lien. The other is a non-possessive, non-purchase money lien. To remove either requires a motion to be filed during the bankruptcy.
Answer Applies to: California
Replied: 6/28/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    It is unnecessary to file a motion for lien avoidance unless you own real property. When you attempt to buy a home in the future you will need to provide the lender with a copy of your discharge.
    Answer Applies to: California
    Replied: 6/28/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You cannot file a motion to release a judgment lien which is not attached to any property. The basis for filing a motion to void a lien is that the lien impairs your exemptions. For instance, a lien on your residence may impair your homestead exemption. A lien that is not attached to anything cannot impair your exemption.
    Answer Applies to: Colorado
    Replied: 6/28/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    There is no such thing as a motion to release lien. There is a motion to avoid lien. The decision to file is a very technical one that depends not just on what real property you have but also on some personal property including clothes, some household items, a TV, computer, tools of the trade, etc. to the extent the liens impair your exemptions. Your question has me concerned that you may have made one huge mistake (filing pro se) which almost always results in overlooking something important. Since the decision to file a motion depends on the nature of the lien, your specific exemptions, what household items you have, etc., that requires an experienced lawyer. Additionally, there are pitfalls. Example: do you know the special rules for serving certain creditors, such as certain banks? Do you know the local rules for scheduling (or skipping) a hearing? Get a lawyer. Get it right. Don't guess.
    Answer Applies to: Georgia
    Replied: 6/28/2011
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