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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I filed 2011.Was released by the Judge but. I just fined out

Customer Question

I filed for Bankrupcy 2011.Was released by the Judge but. I just fined out two credit card co. put a lean on my House. Who messed up ? what can I do to get rid of them.I'm trying to refinance but Impossible . please advice.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Were you represented by counsel in the bankruptcy?

If so, simply contact your bankruptcy attorney and notify them of this issue. Your bankruptcy attorney will deal with it (this is a very easy matter).

If not, it is going to be a little more legwork for you:

  • First, make absolutely certain that these creditors were listed in your schedules for your bankruptcy (if they aren't listed in the schedules, the debts are not discharged).
  • Second, assuming they are listed, the debts are discharged, and the creditors CANNOT pursue collections.
  • SO: Write a letter to the creditors, notify them that you just became aware of the liens, ask them to remove the lien (give them a reasonable time to remove them - usually 20 days from the date of your letter is sufficient), and ask for confirmation. Tell them that if you do not receive confirmation that the liens are removed you will be filing a motion for sanctions in the bankruptcy court.
  • If they fail to do so (they will - the bankruptcy code is very clear), then hire a bankruptcy attorney - the bankruptcy attorney can file the motion for you, and as part of the motion they will get money sanctions which can pay the attorney's fees, and get the liens removed. (You can do this yourself, but having a lawyer do it for you is much more efficient).
  • IF YOU DID NOT LIST THE DEBT: it is possible to reopen a bankruptcy, but do not attempt this without counsel. Consult with a bankruptcy attorney, see if it is possible in your case (your case is 4 years old, it may or may not be plausible depending on the exact circumstances of your case), if it is, hire them to reopen your case and have the debts included, this will result in a discharge of the debts and the liens will be removed.

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