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FloridaBKlawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 11
Experience:  I have over ten years of experience in corporate and individual bankruptcy.
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My question had to do with bankruptcy...are property liens

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My question had to do with bankruptcy...are property liens exempt from bankruptcy? This issue is my ex attorney put a lien on the marital home an the time, the property is now mine in she has quit claim it to me. How do I remove this lien from my property or what options do I have. I reside in Broward county, FL. I am also considering bankruptcy, what are the pros and cons of this?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  FloridaBKlawyer replied 6 years ago.
Thank you for allowing me to assist you today. What type of lien is it? An attorney's charging lien? The lien can be removed through bankruptcy by filing a motion to avoid lien on homestead or motion to strip, if the property is undervalued.
Customer: replied 6 years ago.
Yes, it is an attorney's charging lien? for legal services to her when we were going through the divorce. The divorce is now final and she has quit claim the deed to me
Expert:  FloridaBKlawyer replied 6 years ago.
I need to double check the status of an attorney's charging lien, but I believe that it can avoided in a Chapter 13, like a judicial lien. If there is no equity in the home, then it can be stripped in a 13 as well. Your issues are going to rise as that lien will attach to all property that you received in the divorce. The other issue is if your ex-wife was awarded attorney fees in the divorce, they are not dischargeable, nor are debts of hers that you agreed or were ordered to pay. I hope this helps.
Customer: replied 6 years ago.
Confused!!... she was not awarded attorney fees these are fees that she was expected to pay her attorney but ended up discharging her attorney prior to our divorce becoming final. and so the attorney put a lien on the home. Subsequently, divorce became final, she was awarded the home, but now since she can't afford the home and the home is under the water, she is deeding the home back to me. The attorney fees were my ex's only NOT mine. I was not responsible for paying any of her attorney fess not any of her debts
Expert:  FloridaBKlawyer replied 6 years ago.
Then you should be able to avoid or strip the lien in a chapter 13 bankruptcy. Good Luck
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