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

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?

Anchorage, AK -

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Attorney Answers (3)

Scott Benjamin Riddle

Scott Benjamin Riddle

Bankruptcy Attorney - Atlanta, GA

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.

Alan D. Walton

Alan D. Walton

Bankruptcy Attorney - Birch Run, MI

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.

Diane L Gruber

Diane L Gruber

Bankruptcy Attorney - West Linn, OR

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.... more

Related Topics

Debt discharge

Debt discharge is when a debtor is no longer responsible for paying off some or all of a debt. This discharge can occur for some types of debts in bankruptcy.

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