What is the procedure for removing a lien of judgment in State court after a bankruptcy discharge? 11 Answers as of June 28, 2011

What is the procedure for removing a lien of judgment in State court after a bankruptcy discharge? This was listed in the bankruptcy but I was informed by my local court that I had to file "A Notice" but were not helpful in providing information regarding what form to use. Thank You!

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
The procedure depends on what state and district you are in. Most jurisdictions require a motion and notice of motion to be filed in order to remove the lien. Most courts have their forms online where you can file them, or you may want to use an attorney to do this. If your case has already closed you may have to re-open it to file the lien motion with the bankruptcy court.
Answer Applies to: California
Replied: 6/28/2011
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
Re-open the case and file a motion to void judgment lien.
Answer Applies to: Washington
Replied: 6/1/2011
Saedi Law Group
Saedi Law Group | Lorena Saedi
Depending on the type of lien you may need to reopen your bankruptcy case to avoid that lien. If you used an attorney to handle your bankruptcy he or she should be able to assist you with this process.
Answer Applies to: Georgia
Replied: 5/27/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
A judgment lien cannot be removed by the state court. It can only be removed in the bankruptcy court after a noticed motion, and only if certain criteria are met. Section 522(f) of the bankruptcy code governs. It can be removed if it impairs an exemption to which the debtor was entitled on the date the case was filed. Thus, whether it is removable (avoidable) or not depends on the value of the asset to which the lien is attached (usually real estate), the amount of any senior liens, and the exemptions that were taken on the asset in the bankruptcy. If your bankruptcy case is already closed you need to file a motion to reopen, and then if granted file a Motion to Avoid the Lien.
Answer Applies to: California
Replied: 5/27/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
If you're in Oregon and the discharge has already been entered, the procedure is to file a Motion and Order in the State Court file. Attorney fees for such a motion are about $500.
Answer Applies to: Oregon
Replied: 5/26/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    You need to notify the creditor of your bankruptcy discharge and request they remove their lien against you. IF they fail to do so, you can hire a bankruptcy attorney to assist you as they would be in violation of the discharge injunction for failing to do so. State court forms can be found at www.courtinfo.ca.gov
    Answer Applies to: California
    Replied: 5/25/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You have 2 problems. First, if there was a discharge the case might be "closed" so you would first have to file a motion to re-open it. Filing fee on that is $160.00. Then you have to file a motion under 522(f) of the bankruptcy code to remove the judgement lien. Sometimes these forms are on the court's web page. Make sure you read the court's local rules and the judges rules. These will tell you how to get it on calendar. Really, lawyers do earn their money. These things are not all that easy if you don't know what you are doing.
    Answer Applies to: California
    Replied: 5/26/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You have to file a motion to avoid judicial lien. That has to be done before the case is closed and if the case is closed you have to file a motion to reopen the bankruptcy case. You need a bankruptcy attorney to do this given the complexity of the matter.
    Answer Applies to: California
    Replied: 5/26/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    A judgment lien can be avoided pursuant to Section 522 (f) of the bankruptcy code. This needs to be done during the case being open. If the case is closed you would need to re-open it to do this.
    Answer Applies to: California
    Replied: 5/25/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    It sounds like you may need to file a motion to avoid lien. This allows the bankruptcy judge to make the line void.
    Answer Applies to: Washington
    Replied: 5/25/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Most liens can only be removed by an order of the bankruptcy court when there isn't any equity in the real estate.
    Answer Applies to: Indiana
    Replied: 5/25/2011
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