Why is there a lien on our house from something we cleared through bankruptcy 9-10 years ago?

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Why is there a lien on our house from something we cleared through bankruptcy 9-10 years ago?

We filed bankruptcy almost 10 years ago and upon refinancing our house this month we found that there is a lien on the house from a company that we put on the bankruptcy for $4000. How can we get rid of this once and for all? We were never notified of this lien.

Asked on August 29, 2011 Washington

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

If the lien is a judgment lien and was recorded prior to you filing your bankruptcy case, then it remains against your property unless you took steps to remove it in the bankruptcy case.   The only way to remove it is if it impaired an exemption to which you were entitled on the date your bankruptcy case was filed.

Assuming it did impair an exemption, you can seek to reopen your bankruptcy case and file a Motion to Avoid the Lien under 11 USC 522(f).   You will need an attorney for this.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

If the lien is a judgment lien and was recorded prior to you filing your bankruptcy case, then it remains against your property unless you took steps to remove it in the bankruptcy case.   The only way to remove it is if it impaired an exemption to which you were entitled on the date your bankruptcy case was filed.

Assuming it did impair an exemption, you can seek to reopen your bankruptcy case and file a Motion to Avoid the Lien under 11 USC 522(f).   You will need an attorney for this.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr


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