Can I get Rid of mechanical lien with chapter 7 bankruptcy, the lien is not register yet, but they file a law sued against me.

Asked over 1 year ago - Las Vegas, NV

I want to file a bankruptcy, I have credit cards debt, also I have been sued for almost $18000. the person that file a law sued is going to put lien on my house, the lien on my house is not register yet I just re financed my house, but I want to know if i can put this law sued in my chapter 7 bankruptcy

Attorney answers (4)

  1. Carrie Elizabeth Hurtik

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    Contributor Level 7

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    Answered . You should seek an evaluation from a Bankruptcy Attorney immediately to see if you qualify for a Chapter 7 or a Chapter 13 Bankruptcy. Timing is everything if you can qualify via means test for a Chapter 7 prior to the lien being placed on your home you could eliminate this lien. However, Mechanics liens must be preceded by a preliminary notice and then a Mechanics lien- which is also all about timing and must be filed within a statutory period of having last performed work on the home ( in Nevada 30 days, as long as prelien filed properly). It sounds like what you mean is a judgment lien, which again you should file before it is placed on the home. Either way it can be removed potentially but is easier and less expensive if you filed Bankruptcy prior to it being placed on the home. If it is a mechanic lien it is easier to remove if they have not properly noticed and followed all statutory time frames.

  2. Dorothy G Bunce

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    Contributor Level 20

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    Answered . Timing is everything! If you can file bankruptcy right away, it would be able to be discharged. But once a mechanics lien goes on, it can be impossible to remove if it is a statutory lien such as a mechanics lien. Because the lien has not been filed, I would be surprised if the creditor is seeking to place a mechanics lien against you but may be seeking to place a judgment lien, which can be removed by bankruptcy, albeit for an additional legal fee. So I would say to make your bankruptcy less complicated & less expensive, act now rather than later! Hope this perspective helps!

  3. Malik W. Ahmad

    Contributor Level 13

    Answered . I agree with my colleague's advice. You should work fast before a statutory lien is placed. Also, you need to file a homestead for your home. Ms. Bunce is an excellent attorney in bankruptcy. Also, we handle bankruptcy and you can get lots of information from out website http://www.fastbankruptcynevada.com

    Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation.... more
  4. Sandy Van

    Pro

    Contributor Level 5

    Answered . If it is a mechanic’s lien, this is statutory and they may file their mechanic’s lien even if you are in bankruptcy. Mechanic’s lien is for work done to your property that you did not pay for.

    If this is a judgment lien, meaning you are being sued in a lawsuit and that person wants to obtain a judgment and lien your property, then filing bankruptcy will definitely help. You must do so immediately to avoid additional attorney’s fees and costs of removing the recorded lien. In most cases, all lawsuits (except certain criminal lawsuits, child custody, etc.) will be stopped once you file bankruptcy and that means the plaintiff will not be able to obtain a judgment and will not be able to lien your home.

    Furthermore, you can wipe out your credit card debt. Your house will be protected if you decide to retain it in the bankruptcy and continue paying on the home.

    Once you have filed bankruptcy, your creditors will be notified that you have filed bankruptcy and that they can no longer contact you to collect the debt. It may take a while before all of your creditors get notified of your bankruptcy filing.In addition, you can tell your creditors your bankruptcy “docket number.” Once the creditor is informed of your bankruptcy, any further actions from the creditor may subject the creditor to court sanctions and attorney’s fees for their conduct.

    Please mark my answer as the Best Answer if you found this advice to be helpful.

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