You can try
to do it on your own, it can get tricky though.
First of all, the instructions below are GENERAL instructions and may or may not work for your specific situation, so use them at your own risk. I am NOT giving legal advice, just providing GENERAL instructions for filing these types of motions:
You (and when I say "you" or "your" I mean most people) first have to go to the Bankruptcy Clerk's office with a paper with the heading MOTION TO REOPEN BANKRUPTCY CASE. Be sure it has your name and bankruptcy case number XXXXX the top. Then you explain in writing on the motion that you need to reopen the case to avoid judicial liens, and sign it. Take an original and 4 copies to the Bankruptcy Clerk along with $260 (cash or credit card I think, no checks, you might want to call them first to see what type of payment they require), and file it. Ask them if they will waive the $260 fee since you are just avoiding liens which is related to discharge, but they probably won't (i.e. the court doesn't charge a fee when cases are reopened for issues regarding discharge, but I'm not sure if lien avoidance counts - I don't think it does). Eventually the court will reopen the case.
Once the case is reopened, you file a MOTION TO AVOID JUDICIAL LIEN, and you state in the motion the value of the real estate, the amount of the mortgage(s) on the real estate, the exemption you claimed (which if you own it as husband and wife in Indiana was, I am assuming, the Tenancy by the Entireties exemption since you filed alone, but check Schedule C
of your bankruptcy petition to see), and the amount of the judgment lien against you. Then you state that pursuant to 11 U.S.C. 522(f)(1), the lien should be avoided since it impairs an exemption pursuant to 11 U.S.C. 522(f)(2) because the sum of (i) the lien; (ii) all other liens on the property (i.e. mortgages); and (iii) the amount of the exemption that the debtor could claim if there were no liens on the property; exceeds the value that the debtor’s interest in the property would have in the absence of any liens. Of course you will have to confirm that these assertions are true before doing any of this. Then, sign it and file it with 4 copies at the Clerk's office. You can find a sample MOTION TO AVOID JUDICIAL LIEN by going HERE
You have to file a separate MOTION TO AVOID JUDICIAL LIEN for each
judgment lien you have.
It gets tricky because the court makes you serve a notice to each creditor that they have 20 days to object. This notice has to look a certain way, and you can find one by going HERE
The notice also has to be served on the right address and say "Attn: Highest Officer" in the address. So, go to the Indiana Secretary of State website, HERE
, and do a name search for the creditors and use the address they have registered there.
Assuming the 20 days runs with no creditor objecting, the court will issue orders removing the liens, then re-close the case.
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