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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2884
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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My brother has a judgement lien against my house. In Dec, 2012,

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My brother has a judgement lien against my house. In Dec, 2012, he seized my cars. I declard Chapter 7 in August,2013. I have heard that my cars are still in storage and have not been sold. Since I am now in bankruptcy, is he supposed to relaedase the cars? My creditor's meeting is Nov. 12.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

You may have to bring a motion to avoid the judgment lien if it impairs your exemptions for your assets (house, car).

Terry L. :

Did you file chapter 7 or chapter 13?

Terry L. :

Chapter 13 is a debt repayment plan, whereby you would pay the debt owed to keep the vehicles.

Terry L. :

Chapter 7 eliminates debt, and you would pay the debt to get the asset, or you can discharge the obligation and let the creditor sell the asset to get recoup some of what is owed.

Terry L. :

So, unless you are in chapter 13 repayment plan, you won't get the cars back.

Terry L. :

What questions do you have?

Customer:

I converted from Chapter 13 ton 7 in late August.

Customer:

I converted from Chapter13 to 7 in August.

Terry L. :

I see

Terry L. :

thanks

Terry L. :

So, you will be able to discharge the debt owed to your brother in the chapter 7, he can sell the cars to recoup what he can

Terry L. :

His still has a judgment lien on your home, so you may need to bring a motion to avoid the lien if it impairs your homestead exemption.

Customer:

I understand your response. He has my cars, but their value has not been deducted from the total I owe him. I she allowed to hold them indefinitely?

Terry L. :

basically - if there is no equity in the home after subtracting any mortgage balance and homestead exemption from the fair market value, the court can strip off his lien.

Terry L. :

The bankruptcy does not automatically take the lien off, you'll need a motion to do it

Terry L. :

if there is value after subtracting the mortgage and exemption, the court can reduce the lien to that amount on motion too

Terry L. :

any other questions?

Customer:

I'm not sure I understand. I am filing a mottion to avoid lien with regard to my house this week so that I can get my homestead exemption.. He will the get about $100,000

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