I did a chapter 7 bankruptcy a while ago and I had a lawsuit judgment that was on my house. The lawyer says that with the bankruptcy, the judgment is not against me anymore, but there is still a lien on the house. He says he wants more money to get rid of the lien but I paid him already!!!!! How do I get rid of this lien? I am concerned that I am not protected on this. What court do I go to????? HELP!!!!!!
Chapter 7 Bankruptcy Attorney
We also charge to bring the 522f motion that vacates and strips the lien. The creditor has to be served with the motion. It is a rather technical motion because you have to accurately report the judgment and the place it is filed in the county.
If the motion is not brought the judgment will remain a lien on your property in NY for ten years after the judgment was filed.
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.
Depending on the fee agreement, you are asking your lawyer to do additional work for you. Hire the same lawyer or another one to do the work. That is the obvious answer.
Family Law Attorney
If you told your attorney that you have a judgment lien on your house, he/she would have told you that extra work was needed to remove it AND he/she would have charged a higher fee. If you did not tell him, he had no way of knowing about the lien. NOW, what you need to do is re-open the BK (court fee $260) and have an attorney prepare and file THREE documents. Depending upon the judge, sometimes this is not easy. For example, for a relatively simple Ch.7 bankruptcy I charge about $1100, BUT if there is ONE lien on the house, I add $500 to that fee. If there is more than one lien I will charge up to $2500. A lot of extra work besides just drafting the BK petition, and attending the hearing and dealing with various paperwork.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
If your bankruptcy attorney is a good attorney, and you are comfortable with him, I would say stick to him. This way if the process is not done correctly you may be protected by his insurance. Ask him if he has done this before and if he can refer you to a case where he did this and provide you the docket report. This will show if he knows what he is talking about or not.