Legal Question in Bankruptcy in Alabama

Lien Removal

In 1994, my wife and I filed Chapter 7. Since then we have worked very hard to reestablish our credit. We went to refinance our home recently for a lower interest rate and were notified, by the title company, there was an outstanding property lien against us filed with the Probate Court. This lien and the judgement associated with it were discharged by the U.S Bankruptcy Court. I know the plaintiff and attorney were notified because they were the only creditor to show up and object to us filing for releif. How long does the plaintiff's attorney have to remove a discharged lien? By leaving it outstanding for all these years, does that constitute a breach in the U.S. Bankruptcy Code and is the attorney liable for the undo stress and anguish we have been through trying to have this lien removed?


Asked on 1/03/03, 8:59 am

1 Answer from Attorneys
Fred Wood Fred Wood & Associates LLC

Re: Lien Removal

You need to go back to the lawyer who did your Chapter 7. This is a complicated matter legally although it is not hard to do. The lien,unlike the underlying debt is not automatically discharged. This has to be done by a seperate motion. If it was done, just get a copy of the Order avoiding the lien and file it in the Probate Court. This will solve your problem.

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Answered on 1/03/03, 11:19 am


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