Legal Question in Bankruptcy in Connecticut

liens placed

I filed bankruptcy on 12/19/06. A lien was placed on my home the same day and also on 3/06/07. But when my attorney submitted the title search,for lien removal those were not on there. I got the order for the removal of the liens but those two are not on there. And in order to refinance i need all of them off because those two are a sizeable amount. Because i thought there was an Automatic Stay and they never tried to get the stay removed. How do i go about getting those two liens off.

thank you


Asked on 7/06/07, 1:35 pm

1 Answer from Attorneys
Joel M. Grafstein Grafstein & Arcaro, LLC

Re: liens placed

You are correct the filing of the original bankruptcy petition created a stay under Section 362(a) and any lien placed on the property after the filing is in violation. So, the lien on the property dated 3/6/07 is in violation and if the attorney filing the lien is advised, they are likely going to release without court action. That presumes that the creditor was listed on the petition. If not, your bankruptcy case will have to be reopened and a Motion filed to compel the release for the violation of the stay. You should be entitled to legal fees if you have to take this route. As to the other lien filed the same day. It is a matter of time. If the petition was filed first (you need to look at the time of filing of the petition and time of filing of the lien) then the answer is the same at to the 3/6/07 lien. If the lien was filed first, then you will need to reopen the case and file a new Motion to Avoid the Lien.

Good Luck.

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Answered on 7/06/07, 1:46 pm


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