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rubys911
Oct 13, 2009, 01:57 AM
Hoa recorded a lien on my property while in bankruptcy ch.7 and continued to collect prepetitioned debt and stonewalled me from making a pay plan on the first month of being late they returned some of my money and proceeded to lien my property with discharged debt. And did not send a 10 day notice.how do I remove it

In addition to reopening ch.7 bk can I file a release to remove a lien the HOA fraudulantly recorded with deceptive billing and violating my auto stay by attempting to collect prepetitioned debt ?

Fr_Chuck
Oct 13, 2009, 02:08 AM
The issue is that a chapter 7 bankruptcy will not remove secured liens on your property, unless of course the property is sold by the courts to pay those debts.

Was the HOA debt listed in bankruptcy, and if so, how was it listed as a secured or non secured debt.

You will have to prove that either, the debt was discharged in bankruptcy court,
Have the bankruptcy court declare the lien invalid if it was secured after the debtor was formally notified by the court that their debt was subject to the court
( when you filed and all debtors were notified)

Also what is the status of your chapter 7 and how was this debt addressed by the trustee

Fr_Chuck
Oct 13, 2009, 02:44 AM
Please do not ask or open a new thread to merely add more info to a previous question, you need to "answer" your own question to include additional info.

The two posts have been merged

First how long has the bankruptcy been discharged. And normally no, you don't reopen it, you have the bankruptcy inforced, you may go back to bankruptcy court if one of the lenders is not following the rules or accepting the bankruptcy ruling