Real Estate Law
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Was the lien placed on the property before or after you filed bankruptcy on that siblings debt?
Judgment liens that exist before filing bankruptcy survive the discharge issued by the bankruptcy court. The rule is that bankruptcy extinguishes debts but not liens. So if there home is worth 100k but the debt owed to your brother is 120k, the most he could collect on this debt is the 100k via a lien foreclosure on the property. The other 20k would be discharged and uncollectable after the BK.
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Yes, any liens placed against his property interests BEFORE bankruptcy was filed are still enforceable; even if the full amount of the debt incurred is discharged. This is a very common misunderstanding amongst bankruptcy filers. The way to get the lien removed is to negotiate a payoff with the lien holder in writing in exchange for his/her filing a release of lien in the deed records. If not, the lien holder may at some point try to foreclose on the property.