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    wendyCA's Avatar
    wendyCA Posts: 31, Reputation: 4
    Junior Member

    Mar 12, 2007, 06:22 PM
    Dismissed in BK but lien remains
    In CH13, charges of 1400 for a dept store bill were dismissed by judge. During court, my atty failed to "make a motion to dismiss"

    And now I owe 3400 dollars-as a lien on my home. It includes the original 1400, interest and atty fees. I called atty who wants to go to court which I am afraid to do as I might lose. He wants to sue them for punitive damages as well.

    But they store said it was my atty fault for failing to make the motion to dismiss.

    Is this a hopeless case? How can a company have a bill dismissed in bankruptcy and still be paid?

    I appreciate your time.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member

    Mar 13, 2007, 04:52 AM
    HAve the attorney who fail to do so, correct the matter without charging you any fees, If he fail to do is job you hired him for I would think he owes you are refund.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Mar 13, 2007, 06:26 AM
    I would also check on this lien, Most states do not allow a lien against a primary residence for unsecured debt. So the lien may be invalid.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692

    Mar 13, 2007, 06:48 AM
    Motion to dismiss??

    All debts in a bankruptcy are dismissed at final discharge if they are included in the Chapter 13 repayment plan. If this debt is listed and is part of the payment plan it is included in th plan, If you or the attorney failed to list the debt or if there was an objection unanswered then the debt may have been excluded.

    Who told you the debt was not included or that a motion was not filed properly.

    Let me see you are afraid to go to court because you could lose, lose what?? There is nothing to lose at this point if they have a lien in place.

    I think what your attorney is telling you is that what the store did was illegal, and that the store is lying to you and did something aginat the law.

    And for heavens sake the last people you want to talk to is the store or the stores attorney. If they, as I believe they have, did something illegal, they are also going to lie to you.

    Take them to court, first you have nothing to lose, second if you had a real bankruptcy attorney, a bankruptcy is just fill in the blanks, I have filled out paper work for dozens of them, and what the store is telling you just does not sound right.

    How long have you been in the plan ? If you are still in the plan even if the attorney forgot to include this debt, it still can be added.

    Also as a last resort, you can change the plan to a chapter 7 or just refile a new chapter 7 if you had to.

    Best advice, don't talk to the store or the stores attoreny again, talk to your lawyer and follow his advice
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Mar 13, 2007, 07:16 AM
    I would also check this lien. In most states you can't place a lien on a primary residence for unsecured debt.

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