cancel
Showing results for 
Search instead for 
Did you mean: 

Ch 7 Help

tag
Anonymous
Not applicable

Ch 7 Help

Hi all. It does not pay to not pull CR very often. I've been the worlds worst and now I've got a long road ahead trying to fix this stuff. Live and learn.

I have a question...
Had a default judgment for a CC that turned into a lien on my house back in late 99. We filed for BK7 and everything was discharged in 04/00. The default judgment creditor was included in the BK7. After pulling my CR and looking at the public records online, it still shows as an active lien on my house. The court told me to call the plaintiff attorney and request they file a release of a lien form, which I did. So this attorney tells me that since the judgment was BEFORE BK7, it will remain active forever, even though they were included in BK7. She said I'll have to pay if I ever go to sell my house. She said make them (the creditor) a small offer and they'll close it. I'm freaking out at this point. So, I call the attorney's office that represented us and the paralegal I spoke to said that is not true, their office needs to file a notice of satisfaction and that should take care of it. She's going to double check that and call me back tomorrow. Sounds like plaintiff attorney is violating something by trying to convince me to pay the OC. ?

Has anyone ever heard of this? I'm so confused after calling so many places and getting so many different answers. Any help or info would be greatly appreciated.
Message 1 of 2
1 REPLY 1
granny031350
Established Contributor

Re: Ch 7 Help

The debt was discharged in the BK.  However the lein survives.  You need to get this vacated at the court where it was filed.  I would take my BK paperwork to the court and file the motion to vacate this judgement as the debt itself is discharged.  It sounds like your attorney from your BK is going to help you on it.  If he wants money to file the paperwork to get the lein removed, then pay him. It would be well worth it.  And the creditor is right.  Without that being shown as satisfied, whenever you sold, that would have been paid.  Smiley Sad
Message 2 of 2
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.