Legal Question in Bankruptcy in Florida

Bankruptcy and Liens

In 2000, I had a roof put on my home. To do so, I had to finance it through the company. In 2001, I filed bankruptcy due to medical bills and the roof debt was one of those discharged. Early this year, I put my home on the market and found that the roofing company has put a lien on my home. Since that debt was discharged, is this something that they can do? It has kept me from being able to see my home. Not only have they put a lien on my home, they have charged me interest and now an $8,000 finance is $29,000. Help!


Asked on 7/11/07, 2:01 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Bankruptcy and Liens

If the lein was placed after you filed, then it constitutes a violation of the autmatic stay and is void. You may need counsel to obtain the appropriate order and possible damages for that.

If filed prior, then if the debt were discharged the lien should hasve been. If you had counsel representing you, speak with him for the details. If the case can be reopened, it will not be an inexpensive proceeding.

You may call me for additional information.

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Answered on 7/11/07, 5:57 pm


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