Legal Question in Bankruptcy in North Carolina

Lein on property before bankruptcy completed

I filed for bankruptcy, 8/15/05 was court date,was discharged 10/05.

10/8/03, was served with a civil summons to appear in court, re: one Citibank card I had. Had 30 days to respond & did so. Notified my attorney and she said do not worry about it, when you file for bankruptcy it will go away!!!

Then on May 4, 2005, I received a copy of a letter sent to the Clerk of Court office by the attorney for Citibank, with copy of calendar request & notice of hearing & Plaintiffs Motion for Summary Judgement for May 31, 2005, and notice of rights.

I faxed all that to my attorney, she said not to do anything, it would go away after the bankruptcy!! However, I sent the attorney for Citibank one of my letters again.

My husband's name was not on the card nor was he liable for any repayments to citibank. Citibank was included in my discharge, but evidently they put a lein on our property (that is owned by both of us and paid for) prior to bankruptcy being completed. Can they do that with both names on the property when I was the only one responsible for the card? What can I do? I would be asking my attorney this question,but her phone has been disconnected & there is no number listed for her!!


Asked on 2/04/06, 11:14 pm

1 Answer from Attorneys

Lynn Coleman Attorney-Mediator

Re: Lein on property before bankruptcy completed

Can you please check your dates on this before I post a reply? Please also include the date of your marriage and the date you purchased the property.

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Answered on 2/05/06, 2:26 pm


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