Legal Question in Bankruptcy in Georgia

removing lien from property

Chapter 7 was filed and discharged feb of 2004. Before I filed 3 businesses had placed liens on my property. These debts were descharged in the chapter 13. The Lawyer did not file the paperwork to remove the liens. The lawyer does not practice now. What is the process for removing the liens so that the property can be refinanced?


Asked on 12/18/06, 9:59 am

2 Answers from Attorneys
Jonathan Ginsberg Ginsberg Law Offices, P.C.

Re: removing lien from property

Assuming that these liens were standard judgment liens, you may be able to file a Motion to Reopen your case for the purpose of filing a Motion to Avoid Lien under Section 522 of the Bankruptcy Code.

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Answered on 12/20/06, 3:16 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: removing lien from property

Your question cannot be answered without first looking to see IF the liens can be avoided. That will require reviewing your BR case file. Getting a discharge of the debt does not necessarily mean the lien goes away. They are two separate issues. You'll have to get a lawyer to review your BR case and determine how to move forward.

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Answered on 12/18/06, 10:02 am


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