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My wife and i own property which we have given a life estate to our 2 children. 1 of our children filed chapter 7 bankruptcy. .

Knoxville, TN |
Filed under: Bankruptcy

The discharge was granted and the case is closed, however 1 creditor listed as pending in the filing refuses to remove the lien. Lien was filed in 2008 and and discharge was granted in Feb 2005. Notation was noted as "Pending" on both liens 1 was removed after a letter from the attorney handling the case. The remaining creditor was informed that it was interferring it Homestead Exemption and requested it be removed by creditor. Was not removed. How do I get it removed? I live in state of Tennessee and the children are listed as remainderman in my deed.

Attorney Answers 4

  1. I'd talk with the attorney who handled the bankruptcy to determine your options.

    Good luck!

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs.

  2. Some of what you have said does not make sense. One does not usually give a life estate to someone and have them also be the remainderman - that basically gives them the property in full. If this is your bankrupt child's creditor, your child needs to consult his/her bankruptcy attorney and consider reopening the case to deal with the lien, which is only against that child's interest.

  3. It isn't a creditor's job to remove a lien on homestead protected property, it is the Debtor's responsibility. If the Debtor fails to do this promptly, the case will have to be reopened in order to remove the lien when the Debtor's attorney figures out how to practice in bankruptcy court. Hope this perspective helps!

  4. It appears as though a motion to reopen the case needs to be filed in order to file a motion to avoid the lien. Although the debtor was discharged, the lien still remains on the property. How much is the lien for? it may be cheaper to to settle the lien then retain an attorney to go through the process.

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