While in Chapter 13, Should I try to collect on a lien not reported to trustee?

Asked over 1 year ago - Glendale, AZ

During my divorce, two years prior to filing chapter 13, my ex and I had a piece of land that he "sold" to his brother and I got a lien out of it. I did not report it on my bankruptcy and I am 1/2 into my pymt plan. I do not have a court judgement, just a lien. Will this hurt my bankruptcy? Also, should I wait to get a court judgement until I am paid in full, or can I start now? My ex is not cooperating and my attorney has not responded.

Attorney answers (6)

  1. Douglas Garth Edmunds

    Contributor Level 13

    7

    Lawyers agree

    Answered . Only two points.

    First, you have an attorney, you must deal with that attorney.

    Second, failure to report an asset, and you are describing an asset, could be bankruptcy fraud. This makes it even more critical that you find your attorney.

    Douglas Edmunds is in the business of helping people and companies file for bankruptcy protection. The bankruptcy... more
  2. Steven W Zachary

    Contributor Level 17

    6

    Lawyers agree

    Answered . You need to clear this matter up as soon as possible. Make an appointment to see your attorney. At the 341 hearing the trustee likely asked if you put all your assets on your schedules and you said yes. A lien on property is an asset.

    The trustee also generally asks if there is any claims against someone where you might be able to receive money.

    Make sure you get your attorney to clean this matter up. Also, I would not make any more public posts like this since anyone including the US Trustee can read them. Keep it attorney/client between you and your attorney.

  3. Hamid Jabbar

    Contributor Level 13

    5

    Lawyers agree

    Answered . I agree with everything that has been said. Failure to disclose assets can be a serious issue (and is a federal crime). Speak with your attorney ASAP regarding amending your schedules and, if necessary, your plan.

    This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-... more
  4. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Since it appears you admit to committing a federal crime in failing to list assets, you need to call your lawyer until they respond.

  5. Andrew Daniel Myers

    Contributor Level 20

    6

    Lawyers agree

    Answered . Bankruptcy requires full, complete, truthful disclosure of all assets, income and debt. A lien on a piece of real estate is an asset. Do not do anything at all with the lien until after your consultation, in the very near future, with your bankruptcy attorney.

    This is what can happen when all assets are not listed: [Article linked below summarizes a chapter 7 case, but the principle is the same]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  6. Thomas John Cesta

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . Talk to your bankruptcy attorney immediately about amending your schedules. Depending on the value of the asset, it may not require you to modify your plan. But you must list it.

    I am an Attorney with Fife & Cesta, a compasionate bankruptcy firm conveniently located off the US 60 in Mesa,... more

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