Legal Question in Bankruptcy in Michigan

Release of lien

I retained an attorney in March of 2005 for bankruptcy chapter 7, I went to court in November of 2005 and it was discharged in Feb 2006, Discover card in the meantime sued me and took me to court, in March 2005, I had prove of attorney, in August 2005, they put a lien on my property, (without my knowledge). How do I get a release of lien,as this was part of my bankruptcy?


Asked on 11/20/06, 7:13 pm

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Release of lien

You get a release of judgment lien by recording a copy of your discharge and bankruptcy schedule listing the debt with the Register of Deeds in the county where your property is located. A judgment lien does not attach to property owed as tenants by the entireties (husband and wife)and expires automatically after five years, but can renewed one time for an additional five years. See MCL 600.2801 on the www.michigan.gov site and click on "legislation." If Discovery sued you and placed a judgment lien on your property with knowledge that you had filed for bankruptcy, you may have other options. Based on the dates you have provided, it sounds like this all happened with Discover prior to your bankruptcy filing. If that is the case, you have no alternatives except to get the lien released.

The information provided does not create an attorney-client relationship and is based on limited information provided. You may have to take additional steps to have the lien released.

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Answered on 11/21/06, 8:11 am


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