About bankrupcy

progunr · Aug 11, 2008, 11:55 AM

No.

As long as that debt can be legally discharged in the bankruptcy, the lien would have to be removed when the bankruptcy is discharged.

crying4help · Aug 12, 2008, 06:17 AM

Quote:

Originally Posted by progunr

No.

As long as that debt can be legally discharged in the bankruptcy, the lien would have to be removed when the bankruptcy is discharged.

Thank you for your input, it help a lot

Fr_Chuck · Aug 12, 2008, 10:18 AM

I will disagree, if their is a lien on the house, if you keep the house, you will either have to re-affirm that debt ( agree to pay it) or you will have to let the house go into the bankruptcy

George_1950 · Aug 12, 2008, 11:10 AM

Quote:

Originally Posted by crying4help

if someone has a lien on your house from an old debt, and you decide to file bankrupt including that old debt, but keep the house, do they still have the right to keep the lien on the house?

Liens are not subject to the bankruptcy discharge; liens must be voided. "The First Circuit is the only court of appeals to decide this issue since 522(f)(2)(A) (which provides a formula for determining whether a lien impairs a debtor's exemption) was added to the Bankruptcy Code by the Bankruptcy Reform Act of 1994." see: Consumer corner | American Bankruptcy Institute Journal | Find Articles at BNET
You will need an attorney familiar with bankruptcy, lien avoidance, and your state's exemptions.

About bankrupcy

Add your answer here.

Check out some similar questions!