Legal Question in Bankruptcy in Georgia

There is a Writ of Fi Fa lien on my property that is against my ex-husband who has filed Chapter 7. His bankruptcy is completed. The property was transferred to me with the lien on it 3 years ago in the divorce. I am now in foreclosure and trying to sell quickly, the lien holder of the Fi Fa demands more money than I can afford to pay in a sale of the property. Can I file bankruptcy (Chapter 7 or 13) and request a motion to avoid the lien then withdraw the bankruptcy and sell the property?


Asked on 8/23/10, 8:53 am

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

First of all, no one can tell you whether the lien can be avoided without many more facts. However, even if it can be avoided, if the case is dismissed the lien stays.

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Answered on 8/28/10, 9:04 am
Ralph Villani VILLANI LAW FIRM

Scott is correct - if lien against ONLY your husband, you might get the Superior Court to void the lien as not against you or the property

You will need to hire an attorney versed in property and bankruptcy law, both!

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Answered on 8/28/10, 10:39 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I agree with the other two answers. You need to see a lawyer as soon as possible.

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Answered on 8/28/10, 10:51 am


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