Legal Question in Bankruptcy in Connecticut

release of lein off house after bankrupcy

Husband and I went bankrupt in 1983, we still have leins on our house from the bankrupcy how do we get them off?

some of the business are out of business, and some of the people are dead.


Asked on 5/20/01, 7:14 pm

1 Answer from Attorneys

Joel M. Grafstein Grafstein & Arcaro, LLC

Re: release of lein off house after bankrupcy

You have not given me all of the facts. But, if you filed a Chapter 7 bankruptcy in 1983, it may be possible to reopen the case to file a Motion to Avoid any judicial lien (a judicial lien is a judgment lien or attachment, not a tax lien or mortgage). But, the Judge may deny the Motion because it is 18 years after the bankruptcy case. Your lawyer should have filed this Motion at the time of the case. He (or she) have done that and not recorded the release on the land records. You would probably want to get your file from storage, you should call the bankruptcy court and ask how to do that. There will be a $25 charge.

If you filed a Chapter 13, the release language may be provided for in the Chapter 13 Plan, you may be able to solve the problem with recording the Plan, Order of Confirmation and Order of Discharge.

You really should get your file from storage and review the contents of the file, and discuss this with your 1983 lawyer. I hope that this helps.

Joel Grafstein, Esq.

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Answered on 6/22/01, 5:03 pm


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