Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
Did your attorney bring a motion to avoid the judgment lien during the case?
Liens don't come off of a property just by filing the case.
If there was no equity to attach to (factoring in your exemption) then the attorney could have brought a motion to strip off the lien during the case, effective upon discharge. Your best bet is a motion to reopen the case, file and hear that motion.
Tricky since, the creditor could object, since their lien remains (although the debt would be discharged since they didn't file a proof of claim). You would otherwise have to pay the lien off to clear title. Bankruptcy filing alone doesn't strip that lien.
Your best bet is to reopen the case ($260 court fee) and have your lawyer bring the motion to avoid the lien, it's the best shot you have unless the creditor is willing to take the lien off voluntarily because of the bankruptcy.
The best suggestion is to bring a motion to reopen the case. It will cost $260 to do so, then bring the motion to avoid the judgment lien. Absent that, there is no guarantee to release the lien.
Maybe if you can pull a copy of the recorded judgment, and send that along with a copy of the chapter 13 plan, the schedule showing the debt, and the discharge, maybe the attorney will release the lien.
Longshot and free to do #2.
Other than that, you'd have to pay the judgment to release the lien, even though the debt was discharged in bankruptcy.
Best of luck to you, let me know if you have any other bankruptcy questions.
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