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  1. #1
    Join Date
    Nov 2005
    Location
    Alabama
    Posts
    3

    Default Avoidance of Lien

    I had a judgement for $13,000 for a Cardiologist which caused me to file Chapter 7 in 1998, it was discharged. I find out last week I have a lean on my property for total $27,000.00 for the doctor and the lawyers/interest :?: .
    Someone told me that my lawyer should have filed an
    Avoidance of Lean against my doctor and their lawyers but it seems he failed to do so. Does anyone no if this is a fact or not?
    Thanks for your time,
    Lisa

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Avoidance of Lien

    It is not clear from your post when the lien was imposed, or if it was improperly imposed after the commencement of bankruptcy proceedings or discharge of the debt it ostensibly represents. I suggest you get the title documentation relating to the lien, and discuss the matter with a local bankruptcy lawyer.

  3. #3
    Join Date
    Nov 2005
    Location
    Alabama
    Posts
    3

    Default

    Sorry about that, I'm confused over the the whole matter.
    The lien was placed on my property 10/97, my chapter 7 was 3/98
    I've got a copy, and took it to my lawyer, now I'm just waiting to hear back from him to see what my options are.
    Thanks again for your time,
    Lisa

  4. #4
    Join Date
    Nov 2005
    Location
    Alabama
    Posts
    3

    Default

    Aaron,
    Thanks for your fast reply, I just saw my lawyer and he said I'd need to reopen the Chapter 7 in 1998 and pay him 1,800.00 to try and get an avoidence on lien, does this sound correct :?: I don't know the law, I really thought my lawyer was looking out for my best interest but Im so unsure now. Shouldn't he have filed an avoidance of lien on all my debitors from my chapter 7, just in case this were to happen :?:
    Any words would be greatly apprieciated.
    Lisa

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Problems with Bankruptcy

    I don't know enough about your situation to assess what your lawyer should have done. You may wish to consult another local bankruptcy lawyer (a) to see if you can get a better rate, and (b) for an assessment of whether your original attorney made a mistake, or if this oversight was somehow excusable.

  6. #6

    Default

    You will probably have a tough time avoiding the lien. A lien avoidance usually works only to the level that a debtor's exemption is impaired.

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