The original debt was 10,000 dollars and was dischrged 11 years ago in a chapter 7 filing how can I have this removed the original company is out of buisness and was purchased by another. Over 8 years ago
I think the better remedy is to file a motion to reopen your bankruptcy case and then file a motion to avoid judicial lien under 11 USC 522.
Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case.
You need to see a local real estate lawyer. Typically a bankruptcy discharge will terminate your personal liability, however liens secured by real property are still attached to the real property and will need to be paid if they have not expired. The current owner of the debt may not be as clear as you think, depending on the form of the new company's purchase of the old. If it was a stock sale, the new company probably owns the debt and the lien, but if it was an "asset deal" the transfer of assets may not have been total and anyone could now be the owner (purchaser from a trustee in bankruptcy, or one or more of the old company's principal(s)).
Detective work may be called for, or you may need to file a suit to quiet title.
