What happens to my home improvement loan after chapter 7? 10 Answers as of November 13, 2013

I just completed chapter 7. My home improvement loan by my county I live in never recorded a lien on my home. What does this mean to my obligation?

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Portland Bankruptcy Law Group
Portland Bankruptcy Law Group | Christopher J. Kane
If you listed the lender for that home improvement loan in your bankruptcy, that obligation was discharged and you are not obligated to repay it. And, if the lender did not record their security interest with the county they do not have the right to foreclose on your home or to be paid any proceeds from any sale or refinance of the home.
Answer Applies to: Oregon
Replied: 11/13/2013
Idaho Bankruptcy Law | Paul Ross
If the lien has not truly been recorded or otherwise secured, then it would be an unsecured debt and discharged as part of your bankruptcy.
Answer Applies to: Idaho
Replied: 11/6/2013
A Fresh Start
A Fresh Start | Dorothy G Bunce
In ordinary circumstances, it would mean that your debt could be discharged without affecting title to your home. However, since it was a loan through the county, it likely has some strings attached. A lawyer will actually need to review this document to offer you any meaningful advice.
Answer Applies to: Nevada
Replied: 11/6/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If in fact they never recorded the lien the debt is discharged.
Answer Applies to: California
Replied: 11/6/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Then it is discharged along with your other debts.
Answer Applies to: New York
Replied: 11/6/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If there is no lien, look to see if there is some sort of contract running with the land, like a special improvement district covenant. Ordinarily there is some sort of obligation running with the land.
    Answer Applies to: Nevada
    Replied: 11/6/2013
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    It depends on whether you listed the obligation on the schedules to your petition. Assuming you did, the obligation is unsecured and would normally be discharged along with your other unsecured debts, absent allegations of fraud in connection with the debt. Certain governmental obligations are exempt from discharge so please check with your bankruptcy attorney.
    Answer Applies to: California
    Replied: 11/6/2013
    Elkington Law
    Elkington Law | Sally Elkington
    Any unsecured debt that you had at filing, that is dischargeable, has been discharged. If the home Improvement loan was not secured by a deed of trust, and was therefore an unsecured loan, then it should have been discharged. You need to read the contract carefully though, to make sure that the loan was not secured against fixtures in your home. That is not uncommon in home improvement loans. If that is the case, then the debt may not have been discharged.
    Answer Applies to: California
    Replied: 11/6/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If the debt was listed and you have a discharge it is not enforceable as to you (but may be against a co-debtor). If the lien was not recorded, if there was no co-debtor, it may well be lost. Confer with an attorney with all of the details for a firm opinion.
    Answer Applies to: Michigan
    Replied: 11/6/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    Your personal liability was discharged and they would be in contempt of your discharge if they tried to record their lien now.
    Answer Applies to: New York
    Replied: 11/6/2013
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