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  1. #1
    Join Date
    Sep 2016
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    Default How to Clear Liens Against Real Estate After Bankruptcy

    Following a Chapter 7 bankruptcy a debtor discovered that there were liens against his real property that were not removed in or after the bankruptcy. The liens come from a credit card judgment that the debtor didn't know about. Shouldn't the bankruptcy lawyer have discovered the liens and had them removed during the bankruptcy proceedings?

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Clear Liens Against Real Estate After Bankruptcy

    A bankruptcy lawyer is not going to automatically know about liens or, for that matter, any debt not reported to the lawyer by the debtor. Had the debtor informed his lawyer about the lien, the lawyer could have filed an avoidance action during bankruptcy proceedings, but without being informed of the lien a lawyer would have no reason to do that. You can still file an avoidance action, if necessary, although you can expect to pay an additional lawyer fee if you go through your bankruptcy lawyer.

    Try this: Get a copy of the bankruptcy discharge, provide it to the law firm that represented the creditor in the legal proceeding that resulted in the default judgment and lien, and see if the law firm will voluntarily release the lien.

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