Legal Question in Bankruptcy in Florida

Filing Lein Avoidance

I filed Bankruptcy, Chapter 7 in the year 2000. At that time I pulled a credit report and listed all the creditors that were to be included in the bankruptcy. At the time, I did not know that three of the creditors had liens on the property. The attorney did not tell me that I should do a title search in addition to getting a credit report. About a year prior to that I got a divorce and my spouse gained residential rights to the property until our youngest child became eighteen. It is time to sell the property and since the lien avoidance was not filed by my attorney the judgements are still on the property and have not been removed even though my bankruptcy was discharge and these creditors were listed. Can I go back and file these lien avoidance after the fact? or Can I sue my attorney for the monies I have had to pay to settle the debts out of my pocket? My attorney signed an addendum stating that he would be responsible for filing all the necessary paperwork required by the courts? Can he be held liable? I filed the bankruptcy in order to get a fresh start and it was because of these debts that I filed. Now two years later, I have had to pay them out of my pocket in order to abide by my divorce decree.


Asked on 12/03/02, 4:45 pm

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

Re: Filing Lein Avoidance

Prior to giving you a meaningful reply, I must know the nature of the property on which the creditors had liens, as well as the manner in which the liens arose. If the property is homestead property and liens were non-consensual, and not for taxes, then there may be no liens.

In any event you should discuss the isues with your bankruptcy attorney and then if you are not satisfied seek other counsel. I note from your zip code you are a fair distance from me, but if wish to call, do so...305-940-8080.

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Answered on 12/03/02, 7:31 pm


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