How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask DCrane Law Your Own Question

DCrane Law
DCrane Law, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25285
Experience:  Experience in this area derives from assisting corporate clients in complex restructurings.
Type Your Bankruptcy Law Question Here...
DCrane Law is online now
A new question is answered every 9 seconds

I went chapter7 in 2003 and was dischared in 2004. Discover

Customer Question

I went chapter7 in 2003 and was dischared in 2004. Discover card had put a lean on my home for what i owed them and got a judgment for it . Now 5 years later i find out they never took the lean off of my home and the county still has it out standing when it should have been satified due to the discharge. I am tring to refinance my home and can't because of the lean.How can I get it taken care of and do I have any recorse againist discover.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  DCrane Law replied 4 years ago.
to be clear, was the debt listed in the bankruptcy?
Customer: replied 4 years ago.
Yes i had 3 discover accounts that were listed and they were discharged.
Expert:  DCrane Law replied 4 years ago.
To get the lien removed, you will need to file a petition with the bankruptcy court.
Customer: replied 4 years ago.
How long will it take for them to remove it going that route
Expert:  DCrane Law replied 4 years ago.
It would take approximately 3 months. Also, I might add, per Jay1968, you would have to pay the reopen fee to the BK Court which is $260 along with the motion to reopen, then then file a motion to avoid the lien (11 USC 522(f)), and there is a 20 day objection period. Assuming no objection is filed (creditors pretty much never object), you will get the order removing the lien after the 20 day period runs.
DCrane Law, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25285
Experience: Experience in this area derives from assisting corporate clients in complex restructurings.
DCrane Law and other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
I thought federal law supersedes state and county law when dealing with bankruptcy and liens and why wasn't that taken off when the bankruptcy was discharged? Who do i go to complain that it wasn't done.I feel like i have been done a mis justice here. Now I can't refinace my home and all the work I have done to qualify for my loan is all wasted because of all this.
Expert:  JoeLawyer replied 4 years ago.
Hello doc:

Federal law does supercede state law, but liens still do not go away in bankruptcy unless a special motion is filed during the case (called a Motion to Avoid Judicial Lien) to remove them (see 11 USC 522(f)).

So, either you didn't know about the lien during your Chapter 13 (in which case I assume you would have filed the motion), or the lien attached after the case was over.

The lien should not have attached after the case was filed since this is a violation of 11 U.S.C. 362, but sometimes they do.

So, if Discover did inappropriately attach the lien after your bankruptcy, you can tell them they had better remove it since it was a violation of the Bankruptcy Code.

If they won't remove it, or if it was on there from before your bankruptcy, then you will probably have to reopen your case and file the motion to get rid of it.

Sorry, wish I had better news. But I guess at least the fact that you can get rid of it, even if you have to jump through some hoops to do it, is good news...

Good luck.


LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • FiveStarLaw


    Satisfied Customers:

    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • FiveStarLaw's Avatar



    Satisfied Customers:

    Bankruptcy Lawyer. Experienced.
  • Terry L.'s Avatar

    Terry L.


    Satisfied Customers:

    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • Phillips Esq.'s Avatar

    Phillips Esq.


    Satisfied Customers:

    B.A.; M.B.A.; J.D.
  • cortrightlaw's Avatar



    Satisfied Customers:

    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • JoeLawyer's Avatar



    Satisfied Customers:

    Attorney in the practice of Bankruptcy Law since 1996
  • dylatess's Avatar



    Satisfied Customers:

    35 plus years of experience specializing in bankruptcy law
  • Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    Twelve years experience in all aspects of debtor & creditor BK.