What do I do if I have a buyer for my property but can't sell it without her filing an Order of Lien Avoidance? 9 Answers as of September 23, 2014

My ex-wife has a lien ($17,000) against her from a hospital and now there is a lien on a piece of property ($21,000 value) that I got from our divorce settlement. She filed bankruptcy after our divorce was final but she forgot to include the hospital bill in the bankruptcy.

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Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
Depending on the date of the dissolution decree, the judgment lien, and her bankruptcy, you may be able to avoid the lien.
Answer Applies to: Nebraska
Replied: 9/23/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
The advice (and procedure) is fairly involved. You will need to speak with an attorney that handles both divorces and BK's in the state where the BK was filed. Suffice it to say you will need her cooperation.
Answer Applies to: Colorado
Replied: 9/22/2014
Ronald K. Nims LLC | Ronald K. Nims
If the lien was filed before she filed her bankruptcy, then you can't remove the lien. If the lien was filed after she filed her bankruptcy, then 1. request that the hospital remove the lien voluntarily, by certified mail. if the hospital refuses or doesn't act, then sue to have the lien removed.
Answer Applies to: Ohio
Replied: 9/22/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
She can reopen the bankruptcy to avoid that lien if she qualifies for for it.
Answer Applies to: California
Replied: 9/22/2014
D.J. Rausa, Attorney at Law | D.J. Rausa
Her bk can be re opened and a motion to avoid the lien will have to be filed.
Answer Applies to: California
Replied: 9/22/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It would have helped if you had indicated what type of liens are on the property. Judgment liens can be removed by reopening a bankruptcy if they impair exemptions. Statutory liens cannot be removed through bankruptcy but can often be negotiated. Hospital liens can either be a judgment lien or a statutory lien. It is unfortunate that you didn?t take care of the property paperwork immediately after your divorce was over because it complicates the requirements to resolve this enormously.
    Answer Applies to: Nevada
    Replied: 9/19/2014
    Stephens Gourley & Bywater | David A. Stephens
    You are your ex-wife will need to file suit to expunge the lien, or work out a deal with the hospital.
    Answer Applies to: Nevada
    Replied: 9/19/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    Bankruptcy discharges the debt, not the lien. If the lien predates your bankruptcy, it attaches to your real property and stays there even though your obligation to repay the debt is discharged. Contact your bankruptcy attorney and see if they can file a lien avoidance action for you.
    Answer Applies to: California
    Replied: 9/19/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You have to remove the lien. You can remove by reopening the bankruptcy case or by filing a motion in state court, but it depends on the details of your case.
    Answer Applies to: New York
    Replied: 9/19/2014
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