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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12032
Experience:  JD, MBA
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My previous question was about sheriffs sale of property for

Resolved Question:

My previous question was about sheriffs sale of property for tax liens and levies when the individual is in chapter 13 bankruptcy. I understand that this is not stayed by the bankruptcy procedings. In this particular case their is documentation that many of such liens have been paid for BUT NOT REMOVED FROM THE CITY OF PHILADELPHIA LEDGER. What options are there. Unfortunately the attorney is not responding with answers or action at this point and she is aware of cancelled checks and receipts.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 7 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “In this particular case their is documentation that many of such liens have been paid for BUT NOT REMOVED FROM THE CITY OF PHILADELPHIA LEDGER. What options are there.”

Answer: You can file a petition to strike the paid municipal liens in the Court of Common Pleas. Obviously, you’ll need to present evidence that the underlying debts were paid. If you do that, then the judge should strike the liens so that they’re removed from your property.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 7 years ago.
Okay, now assuming that the party in this case has an attorney which she has should not the attorney accept responsibility for this? What recourse is available if the sale takes place BEFORE any court hearing?
Customer: replied 7 years ago.
I am not sure my followup came through to you. What recourse is there if the sale takes place before a hearing?
Expert:  TJ, Esq. replied 7 years ago.

Hi again.

The lawyer would not generally be responsible to you for the client’s actions. If the other party’s lawyer made a mistake, then you would still sue the other party, and the other party may be able to go after the lawyer herself.

If the sale takes place before the hearing, then you’d need to ask for monetary compensation. You wouldn’t be able to regain the property from the good faith buyer. But if you think the sale would occur before the hearing, then you could ask the judge for a temporary injunction to block the sale until after the hearing. It may require you to post a bond just in case you lose at the hearing.

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

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