Legal Question in Real Estate Law in Maryland
bankruptcies and liens
does a bankruptcy void existing liens on a property
Asked on 2/04/07, 7:48 am
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Re: bankruptcies and liens
No - at least not automatically. If you file bankruptcy, liens pass through unaffected unless avoided. Personal liability is discharged (assuming a dischargeable debt), so if the lien is foreclosed, the creditor cannot get a deficiency judgment. There are several ways that a lien can be avoided: if it is a judicial lien and impairs an exemption; if it is preferential or fraudulent; or, under certain circumstances in Chapters 11, 12, and 13, if it is wholly or partially unsecured because it exceeds the equity in the property. But the debtor or trustee must take affirmative steps to avoid the lien or it will survive.
Answered on 2/04/07, 9:16 am