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How can I file a motion to avoid lien after my Ch. 7 Bankruptcy has been discharged?

Gardena, CA |

I am trying to refinance my home and can not get title insurance unless the liens are removed. I'm told the avoidance of lien is the only option. Please help!

Attorney Answers 4

Posted

If the case has been closed, (this is different than discharged) then you must file a motion to reopen the case, if granted, then file your motion to avoid the lien.

Jonathan Leventhal, esq.
Leventhal Law Group, P.C.
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Posted

You may have to reopen you case so you can file a motion to have the liens avoided. Talk to your bankruptcy attorney about what it will take to do this.

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Posted

Your answer may be in the Local Rules of your Bankruptcy Court. If you are correct that your personal liability has been discharged, but your case is not closed, you may find an expedited procedure available. Unfortunately, it is not as simple as just filing a motion; the motion requires specific language. Your needs will be best served by experienced banakruptyc counsel. If you have been going without, this would be an excellent time to correct that error.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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Posted

That would depend on the reason why you are trying to avoid a lien. If this is a judgment type of lien which interferes with your exemption claim, that can be done in Ch 7 and you need to review the rules to see whether you can reopen your BK. However, if you are trying to avoid the second mortgage based on the ground that it is entirely under water, Ch 7 does not allow you to do so in CA. You will need to file for Ch 13 (so called Ch 20 if after Ch 7 discharge) in order to accomplish your goal.

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