Legal Question in Bankruptcy in Kentucky

10 years ago i bought a car that was repoed i got a letter from a collection agency that said they were garnishing my wages i then filed a chapter 7. i even had a checking account for several years at that bank i have also worked and have not heard one word from them now ten years later we are buying a house we had a construction loan so we went to refiance now i was told today they put a lein against my house this cannot be legal because i filed against the bank that had a loan on that car what can i do about this


Asked on 12/11/09, 7:20 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

There are some key facts missing so that I cannot give you a definitive answer. I would need to know for sure that the lien filed was from the debt on the car and not the construction loan. I would need to know if you received a discharge from the 7, if it was a no-asset case or, if not, was the car lendor listed. If the lien is from the deficiency on the car that arose before the Chapter 7 was filed, you received a discharge in that 7, and it was either a no-asset case or the creditor was listed, then you are correc that the lien is improper.

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Answered on 12/22/09, 10:30 am


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