Legal Question in Bankruptcy in Georgia

Motion to avoid lein

We filed a chapter 7 bankruptcy that was discharged in September of 2005. Our attorney filed a motion to avoid lein for a judgement we had which was granted. That was granted in August of 2005. We purchased a home in February of 2006 and are now in the process of refinancing to a lower rate. The title search produced that lein on our house title. Can they still do that since we were granted the motion to avoid lein???


Asked on 11/15/06, 11:33 am

3 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Motion to avoid lein

Your bankruptcy lawyer is the best (and probably only) person who can answer questions about your case, or anything filed in it.

Read more
Answered on 11/15/06, 11:35 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Motion to avoid lein

The answer probably is no, but only one person in the world will know. That's your lawyer and you should call him.

Read more
Answered on 11/15/06, 2:23 pm
Jonathan Ginsberg Ginsberg Law Offices, P.C.

Re: Motion to avoid lein

I would suggest that you contact your lawyer and ask him to contact the judgment creditor about removing the lien from the general execution docket and advising the closing attorney about the removal of the lien.

Collection lawyers often handle a lot of cases and it is possible that your account was not flagged.

I had this situation occur with one of my old Chapter 7 clients about a month ago and the creditor filed the necessary paperwork to vacate the judgment and cancel the lien.

It is possible that the creditor is in technical violation of the discharge stay but absent proof of bad faith I wonder whether that would be a case that would generate much in terms of damages.

Read more
Answered on 11/15/06, 2:28 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Georgia