Legal Question in Bankruptcy in California

Re: Property lein

A credit card company can't have a lien for child/spousal support, so that doesn't really make any sense. However, if they had recorded a valid lien based on a judgment they obtained, and it was recorded more than 90 days before your bankruptcy case was filed, then it is a valid lien and remains against your property. You may be able to reopen your case to file a motion to avoid the lien, depending on the value of your home on the date your case was filed, and the amount of other liens owed against it at that time.

Re: Property lein

If the creditor's lawsuit against you was pending at the time of fiing, then the judgement and lien are void for violation of the automatic stay. If the creditor knew of the bk and still pursued the lien, then you may also seek damages and attorney fees in addition to the lien being void. The lien is void automatically if filed this way. Ultimately, it's best to get an order determining the lien void so you can clear your credit. Also if your case was discharged and this debt was listed, it's also a violation of the discharge injunction and void. We can help you with these matters. We offer a free intial consultation.

Re: Property lein

The lien likely can be removed.

You did not state your zip code in your question. I am in Northern California. If you are nearby, give us a call. - John Vos