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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15689
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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My husband filed personal bankruptcy in 2010. After the bankruptcy,

Customer Question

My husband filed personal bankruptcy in 2010. After the bankruptcy, a company to whom he owed money, then took him to court to collect from his business. The judge threw it out of court because he said it was signed personally and was part of the bankruptcty. They then filed a lien against my house. I owned the house before we were married. His name has never been on the title. However, at one point he did take out a loan for which the house was used as collateral. I had to co-sign. That loan was paid off in 2009. I did not have anything to do with this other company's bill. I never co-signed it and I did not have any authority within his business. Can they legally put this lien on the house? If not, what do we have to do to get rid of it? My husband contacted his bankruptcy attorney several months ago. The attorney was livid and said he would take care of it, but nothing has been done.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 2 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

WALLSTREETESQ :

If the debt was discharged, I do not see how they could have put a lien onto your property, even if his name is XXXXX XXXXX deed of the home,

WALLSTREETESQ :

this is serious, and could be a clear violation of Federal law, if they placed a lien after their debt was discharged,

WALLSTREETESQ :

I would contact another attorney and consider a lawsuit against them,

Customer:

But then we have attorney fees, court costs, etc., etc.

WALLSTREETESQ :

You can also notify the trustee of the original bankruptcy, and send him a letter, stating that the creditor has violated the Federal law, and ask the trustee to file sanctions against them,

WALLSTREETESQ :

Your bankruptcy attorney needs to handle this matter, or atleast give you advice on how to deal with this matter,

Customer:

ok - I guess we just have to get after him to handle this.

WALLSTREETESQ :

You can sue them by yourself as well, or even contact the FTC.

Customer:

We can just send a letter to the FTC?

WALLSTREETESQ :

The FTC under the fair debt collections law, do handle violation,

WALLSTREETESQ :

and they may go after the creditor for you as well

Customer:

Ok - we'll get after his attorney and go to this link.

Customer:

Thanks for verifying what I thought!

Customer:

Any other words of legal wisdom?

WALLSTREETESQ :

Good luck, and make sure you have the actual discharge letter stating that the creditor was dismissed,

WALLSTREETESQ :

was discharged,

WALLSTREETESQ :

you can also go to the Local Civil Court, and see if the Clerk of the Court will allow you to sue the creditor their as well,

WALLSTREETESQ :

Also, if you go to the Federal Court, and explain to the Clerk the situation, they may have free attorneys ready to assist you as this could be a clear violation of Federal law, and you would receive damages,

Customer:

ok - thanks.

Customer:

Do I click "Accept" and then "save and exit". I want to make sure I save this?

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask

WALLSTREETESQ :

Yes, after you press accept the entire conversation is saved,

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15689
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you

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