Legal Question in Bankruptcy in California
Order to avoid lien
My question was answered earlier, however, I found new information that may make a difference.
When we filed our Chapter 7, we did not have an Order to Avoid Lien included. Only the one creditor, NCA of Sacramento, has filed a lien. Again, this filling was AFTER the discharge date of our bankruptcy.
I've been told that I can pay the court to reopen our case and, if accepted by a judge, have the order added to our bankruptcy.
Is there another option I should be aware of? If not, will this reopening affect our credit?
2 Answers from Attorneys
Re: Order to avoid lien
You did not have an order avoiding any lien, and you didn't need one because there wasn't any lien.
You can certainly go to the expense of reopening the BK and seeking an order to avoid the lien. Before you do that, (lot of work and expense)if I was handling this I would demand that the creditor vacate the lien. Hopefully they will.
Re: Order to avoid lien
Please advise, if the lien by the creditor was filed, after discharge of your bankruptcy. I am not quite clear from your question.
However, if the judgment lien was in existence and the lien is of nature, which could be avoided, you may file a motion to reopen the case in the bankruptcy court. You would be required to give reasoning for reopening your case and why such relief was not sought, at the time, when your case was in progress. If court allows reopening of the case, you can file motion to avoid lien.
I would recommend that you speak to a professional and seek expeditious assistance in seeking your issues re: Lien avoidance quickly, because, some time bankruptcy judges, do not like unnecessary delay in seeking such relief.
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