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  1. #1
    Join Date
    Sep 2013
    Posts
    14

    Default Avoiding Judgment Liens in Chapter 13

    My question involves bankruptcy in the state of: NY
    I filed a 13 pro se. I am trying to modify the mortgage on my home which there is no equity and on a rental property which has no equity. One of the modifications turned up a few judicial judgments which need to be settled in order to complete the modification. Since there is no equity and I did not take a homestead exemption, how do I avoid the judgment liens in order to complete the modifications?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Avoiding Judgment Liens in Chapter 13

    If these are liens from money judgments from a court, and the liens are affecting exempt equity, you can petition to remove the liens. You say you have no equity, exempt or otherwise, so that's a problem for you. You can investigate to see if the court you're in is one of the few that will allow you to avoid a lien when there's no equity. I suggest working with a lawyer.

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