FAQ

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Perhaps you’re wondering…..

 

What is a Judicial Lien?

 

To view a sample Judicial Lien click here:

https://www.bkmike.com/post/sample-abstract-of-judgment

 

But I received a discharge in my bankruptcy case, should that take care of the lien?

 

The bankruptcy discharge dealt with the personal liability of the debt.  A judicial lien is a security interest which attaches to the home and is not affected by the discharge in the case. The creditor retains a secured interest in the house even though the debtor is no longer personally liable for the debt.

 

How do I get the Judicial Lien off my house?

 

If you have gone through a bankruptcy case in the past or currently, you can ask the bankruptcy Court Judge to avoid the lien as long as the lien is one that can be avoided and certain factors under 11 U.S.C 522(f) apply.

 

What if my bankruptcy case is now closed?

 

You can petition the Court to re-open your case to present evidence that the lien can be avoided.  The JUdge assigned to the original filing has discretion whether or not to re-open the case,  The Bankruptcy Court Clerk will charge a fee to re-open a bankruptcy case.

 

Which liens are not avoidable?

Tax Liens

Mechanics Liens

Mortgages or Consensual Liens

Lis Pendes