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Does a lien on my home stay in force after my debt to that creditor is discharged in Chapter 7 bankruptcy?

Dubuque, IA |

I fel like I'm in a catch-22. I can't short-sell the house while the credit card's bank has a lien on it. I can't even sign the house over (deed in lieu) to avoid foreclosure while that lien is still on it. What can I do?

Attorney Answers 3

Posted

You can remove a judgment lien from a credit card debt in a Chapter 7. However, it is not an automatic process. A motion must be file to remove this lien under 11 USC section 522.

Be sure your bankruptcy attorney is familiar with this process, as not every bankruptcy attorney has this specialized experienced & the timing & the noticing requirements are highly technical.

Hope this perspective helps!

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Posted

You should have brought a 522f motion. Conatct your attorney and see if it is worth reopening the case to file the motion.

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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Posted

The lien can be removed but the procedure varies widely from District to District. In our area we can do it without even a hearing sometimes but the paperwork has to very specifically drafted and recorded properly. Other Districts may require other work. This is definitely something worth seeking the advice of an attorney if you are serious. I agree, be sure to verify that they have done this type of motion before.

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