Legal Question in Bankruptcy in United States
how do I remove a judgment lien during a Chapter 7 bankrutpcy
4 Answers from Attorneys
Your bankruptcy lawyer will know how to do that, IF it can be done. It is not an issue for a message board.
It is not a do it yourself project. (I assume you didn't make the mistake of doing a pro se bankruptcy).
Your lawyer will do it for you if it can be done. Call him. It requires a motion and order and you need to know how to do the new "e-orders" online through ECF/Pacer.
You or your lawyer must file a Motion to Avoid Lien. The motion has to show all the details of who, what, where recorded as well as show that the judgment impairs an exemption to which you are entitled. The Motion is sent out on a "negative notice" to the parties in interest, that is, if there is no objection, the order, provided by you, avoiding the lien is entered. The Order then is recorded in the courthouse where the original judgment is recorded.
The way it is done is by filing a motion to avoid lien. The noticing requirements are specific to the local rules, so unless you have an experienced bankruptcy attorney representing you, the motion will be denied as notice may not be proper.
The order must be formatted to allow it to be recorded as a real estate record & be sufficient to allow any title examiner to approve of it. If anything is done incorrectly, the whole thing can fall apart, and you may not discover this until years later.
So play it safe & you won't be sorry!
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