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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39137
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I had BK7 last august 7th discharged 2009. An auto creditor

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I had BK7 last august 7th discharged 2009. An auto creditor attached a lien on my home Title several months AFTER the discharge. The debtor won a judgement against me prior to the BK7 , but not more than one year before I filed.
Is this 'Perfecting" the lien? And what is the consequence? It took the debtor two years and five months to attach the lien to my home?
Thank You,
Robert Sobol

If the creditor obtained a judgment prior to your filing bankruptcy, but the creditor did not record the "abstract of judgment" as a lien with the county until after you filed for bankruptcy, then the lien is invalid, because the judgment is unenforceable.


In such a case, you would file a motion for an order to show cause for contempt in bankruptcy could and ask for the court to order damages against the creditor for violating the discharge injunction, and further to order the creditor to record a lien release to clear your property from the cloud on title.


You can also get attorney's fees. So, you can contact a bankruptcy lawyer to handle this for you and get reimbursed from the creditor. Before you do, you could send the creditor a notice, that unless he/she records a lien release immediately, that you will commence legal action to enforce your rights.


Hope this helps.


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