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2 Liens for Pre Petition (prior to bankruptcy) & Post Petition Maint fees and now a JUDGEMENT for Post Petition fees after

West Milford, NJ |

Ok I posted earlier regarding whether there was a way out of Post Petition maintenance fees. I just found out today from the lawyer for IBM the owner of my first mortgage that the Maint. Company filed a lien of 5k (we owed about $2400) in May 2010 prior to the bankruptcy filing in July 2010. The bankruptcy discharged the Pre Petition fees. can they legally file a lein after we notified them that it was a bankruptcy? Now he also filed a lien in February 2011 for Post Petition fees in the amt of 6K. We went to court in June of 2011 and we begged him at mediation to just file a lien against the property and to please not put a judgement on us personally, he insisted his client would not agree to that. well seems he already did it in February for 6k and now for a 7k judgement against us

my question is wouldn't this be like double dipping? so he plans on getting 5K from the discharged fees? and 11K from the post petition fees how is this allowed? we filed a motion to dismiss due to signing the judgement at mediation under duress...our court date is 8/19 i need answers please anyone..our bankruptcy atty did a terrible job in advising us but took our $2000 without a problem..we need help..this guy is clouding the title also so that we cannot get it out of my husbands name to get away from it..no one has lived there since 2007 and it is ages away from foreclosure...

Attorney Answers 2

Posted

Once a bankruptcy is filed, creditors cannot take actions to perfect liens against property for debts that arose prior to the case filing. If the debt arose post-petition, then the lien could be valid. You will need to have your attorney review all of the paperwork to determine whether or not the lien is valid.

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3 comments

Asker

Posted

But can he file a judgement on my husband for the exact same 2011 accelerated fees as the lien that is on the property at the same time? So does he get to collect when the property sells then attach my husbands wages for the same fees for 2011

Todd Michael Boudreaux

Todd Michael Boudreaux

Posted

Two separate questions. Whether the ycan file the lien depends upon pre-petition vs post-petition. In any event, a creditor can only get paid once for its debt. If the lien is filed and the debt is satisfied at sale, then there would be no more collection actions on the debt.

Asker

Posted

It hasnt foreclosed yet and apparently will not for possibly 2 yrs in the meantime while waiting for foreclosure can he have lien and judgement for the same fees? How do i fight this? The bankruptcy atty took her money and ran so she refuses to be of assistance

Posted

As to maintenance fees in paritcular, post-petition debt you will be liable for; however, pre-petition debt you are not. Therefore I recommend you request an itemization of unpaid maintenance fees so you can ensure that the fees being sought are correct. Attempt to do a settlement on the outstanding fees owed post-petition. You may also want to complete a short sale or a deed in lieu of foreclosure to get the property out of your name.

The above information is not intended as legal advice. If you have any legal questions consult with an attorney of your own choosing.

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1 comment

Asker

Posted

Actually we tried to settle they will not, and tge bankuptcy atty is no longer an option due to her misinformation we also cannot do a deed in lieu any longer either due to the liens, he put a pre petition lien and post petition in addition to personal judgement for the same post petition fees?

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