Legal Question in Bankruptcy in Wisconsin

I sold a house to a party and they still owe a portion of the sale amount. I have a lien on the property. They filed for a chapter 13, made a few payments to my self and others. They are now filing for chapter 7. Can they discharge this debt even though I have a Lien?


Asked on 2/26/10, 9:37 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, a successful bankruptcy discharge will eliminate personal liability of the debtor, although a properly perfected lien will survive the bankruptcy. Your attorney can therefore file a motion to lift the automatic stay, which will again allow you to foreclose your lien just as though the bankruptcy had never occurred. You therefore need to retain an attorney for this purpose. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I also represent clients throughout WI.

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Answered on 3/04/10, 5:26 am


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