topic Re: ccard lien on house in Bankruptcy

ccard lien on house

Anonymous — Thu, 29 Jan 2015 21:56:57 GMT

So I just recieved my discharge the other day. My ex-wife and I own a house that we are trying to sell before it goes into foreclosure. There is a lien from one of the credit cards that was discharged during the bk7 no assest case. Does anyone know how to get rid of the lien. I am being told that the only way I can get rid of it is to pay the debt that was discharged. Thanks for any help.

Re: ccard lien on house

gdale6 — Thu, 29 Jan 2015 23:32:52 GMT

@Anonymous wrote:
So I just recieved my discharge the other day. My ex-wife and I own a house that we are trying to sell before it goes into foreclosure. There is a lien from one of the credit cards that was discharged during the bk7 no assest case. Does anyone know how to get rid of the lien. I am being told that the only way I can get rid of it is to pay the debt that was discharged. Thanks for any help.

You need to request that the BK court "avoid" the lien in order to have it removed from your home.

Re: ccard lien on house

Anonymous — Thu, 29 Jan 2015 23:44:30 GMT

@gdale6 wrote:
@Anonymous wrote:
So I just recieved my discharge the other day. My ex-wife and I own a house that we are trying to sell before it goes into foreclosure. There is a lien from one of the credit cards that was discharged during the bk7 no assest case. Does anyone know how to get rid of the lien. I am being told that the only way I can get rid of it is to pay the debt that was discharged. Thanks for any help.
You need to request that the BK court "avoid" the lien in order to have it removed from your home.

Can I do that even after my bk7 is discharged. Is this something I can do myself.

Re: ccard lien on house

gdale6 — Fri, 30 Jan 2015 00:14:19 GMT

@Anonymous wrote:
@gdale6 wrote:
@Anonymous wrote:
So I just recieved my discharge the other day. My ex-wife and I own a house that we are trying to sell before it goes into foreclosure. There is a lien from one of the credit cards that was discharged during the bk7 no assest case. Does anyone know how to get rid of the lien. I am being told that the only way I can get rid of it is to pay the debt that was discharged. Thanks for any help.
You need to request that the BK court "avoid" the lien in order to have it removed from your home.
Can I do that even after my bk7 is discharged. Is this something I can do myself.

Typically you would have filed that creditor under secured claims (the lien) and checked a little box on the forms when you filed that said something like this Avoid Lien? Yes No... If you have a lawyer that handled the case I would ask him/her to get it done. As far as doing it yourself I am not sure how to approach that since its already been discharged. You might call your BK Trustee and see what he recommends.

Re: ccard lien on house

Anonymous — Fri, 30 Jan 2015 00:36:00 GMT

@gdale6 wrote:
@Anonymous wrote:
@gdale6 wrote:
@Anonymous wrote:
So I just recieved my discharge the other day. My ex-wife and I own a house that we are trying to sell before it goes into foreclosure. There is a lien from one of the credit cards that was discharged during the bk7 no assest case. Does anyone know how to get rid of the lien. I am being told that the only way I can get rid of it is to pay the debt that was discharged. Thanks for any help.
You need to request that the BK court "avoid" the lien in order to have it removed from your home.
Can I do that even after my bk7 is discharged. Is this something I can do myself.
Typically you would have filed that creditor under secured claims (the lien) and checked a little box on the forms when you filed that said something like this Avoid Lien? Yes No... If you have a lawyer that handled the case I would ask him/her to get it done. As far as doing it yourself I am not sure how to approach that since its already been discharged. You might call your BK Trustee and see what he recommends.

Thanks. I left a message for my attorney to see how it was handled.

Re: ccard lien on house

despritfreya — Fri, 30 Jan 2015 01:24:39 GMT

The information you are getting is partially correct:

1. To “avoid” a judgment lien in the context of a Chapter 7 the lien must be attached to an allowed homestead residence in such a way that the lien “impairs” the exemption.

2. If the judgment lien impairs the exemption a Motion under 11 USC 522(f) must be filed, properly noticed to the lien holder and granted after the appropriate time has elapsed if no objection to the motion is filed. You would then obtain a certified copy of the Order granting the Motion and record the same at the county recorder’s office where the property is located.

3. Since you got your discharge “the other day”, your case is probably not closed therefore there should be no problem filing the requisite Motion - assuming such Motion is appropriate in your situation.

4. If the judgment lien is not subject to avoidance under 522(f) and you still wish to attempt to “short sell” the home, just like the mortgage lender(s), you will have to persuade the lien holder to take something less than what is owed or pay the claim in full to get the lien released.

Des.