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Plaintiff files lien, included in BK, and BK discharged. Shouldn't the liens have gone away as well?

Anchorage, AK |
Filed under: Debt discharge

I now want to sell my home but a Plaintiff included in my Discharged BK still shows a lien against my home. Shouldn't this have been removed during the BK?

Attorney Answers 3


No -- least for many liens. The debt and a lien are two different issues. Some liens may be avoidable, but you have to file the appropriate motion in Bankruptcy Court. It depends on the facts.

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Most liens will survive bankruptcy. With some, you can file a motion to avoid the lien, but if you don't, the lien will survive. Sounds like you had some bad advice about how to deal with the lien. You might want to consult an attorney now to see if you can reopen your case to avoid the lien.

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You filed your own bankruptcy without an attorney, didn't you? While the BK was pending you should have filed papers to have the liens avoided. Now, you will have to hire an attorney, pay the court a fee to re-open your BK and have the liens avoided. Good luck.

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.

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