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Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1975
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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The lien was filed prior to BK, but did not show on Title of

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The lien was filed prior to BK, but did not show on Title of home until three to five months after Discharge? Does this mean I am Beat? Or what do I do? Contact My attorney? File something?
Thank you for your question.

The answer here is some of what exactly you mean by the lien not showing on the title of the home until after the discharge. First of all, in order to receive a discharge from PERSONAL LIABILITY for the debts, it must have been listed in the bankruptcy schedules. Every Debtor complete so schedules under penalty of perjury, affirming that they are a full and complete and accurate listing of all financial liabilities.

Further, since a lien provides some measure of security for the underlying debt, the debt should have been listed in the bankruptcy schedules as being secured.

A debtor who relied exclusively on a title report which later proved to be inadequate when completing the bankruptcy schedules would under that circumstance need to re-opened the case to add the creditor or correct the creditor or lien information, in order to be assured of receiving a full discharge for that debt. This type of question is one which is not suited to this type of a question-and-answer forum, and must be taken to your bankruptcy attorney. He or she owes you answers to those questions.

These factors should make any absence of the lien from a title report essentially irrelevant for bankruptcy law purposes--IF everything was fully and accurately reported despite the title report not including the lien.

Once bankruptcy case is filed, any creditor is strictly prohibited from taking any further action to "perfect" the lien. This means that if the lien was properly recorded or filed under local state law, the security interest is valid. If the creditor did something after the date of filing the bankruptcy which resulted in being recorded or further "perfected", then there would have been a violation of the automatic stay under the US bankruptcy code, and the creditor could be in serious trouble.

In all circumstances however, receiving a discharge from personal liability for the lien does not necessarily extinguish the lien as an encumbrance upon the relevant property (whether it is real property or personal property such as a car). if a debtor has not re-affirmed on the debts and either brought all past due payments current or given "adequate assurances" that past-due payments will be taken care of within a reasonable time, then the creditor would be able to foreclose on or repossess the property, but without any ability to go after the debtor for any shortfall or "deficiency" in the dollar amount obtained, as compared to the underlying debt.

Thank you.


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