Legal Question in Bankruptcy in Kentucky

Had a Bankruptcy about 8 years ago, had a judgment being placed against my home So I went and filed. Looking to sell this home now and found that the courthouse records still have this judgment filed against this property. Pull my credit and it shows this was dissolved in bankruptcy, how do I clear it from my local court house records. The case number is the same on my Bankruptcy papers as is on the judgment entered. They tell me I have to have my lawyer fix this, but he said we have to reopen that bankruptcy and he is wanting to charge me again to do the job I paid him for the first time... Is there any way for me to resolve this myself without having to be out a bunch of money again...


Asked on 7/02/12, 7:56 am

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Well, there is some information missing. If the creditor was listed in the original bankruptcy AND IF a motion to strip the lien was filed an approved, then the creditor is in violation of the Discharge Order and your attorney fees can be recouped. If either of those conditions were not met, then it becomes an issue of determining if you did not get the information to your attorney or if your attorney dropped the ball. If the attorney dropped the ball, then you may negotiate something with them to quietly fix it. If it was a lack of information from you, then there may not be an inexpensive remedy.

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Answered on 7/02/12, 12:08 pm


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