 |
|
|
 |
New Member
|
|
Aug 11, 2008, 09:56 AM
|
|
About bankruptcy
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?
|
|
 |
Ultra Member
|
|
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.
|
|
 |
New Member
|
|
Aug 12, 2008, 06:17 AM
|
|
 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
|
|
 |
Expert
|
|
Aug 12, 2008, 10:18 AM
|
|
I will disagree, if there 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
|
|
 |
Ultra Member
|
|
Aug 12, 2008, 11:10 AM
|
|
 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.
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
Bankruptcy
[ 1 Answers ]
If someone files bankruptcy, and then finds out a rich relative dies and is in line for an inheritance, how will that affect the bankruptcy proceedings.
Bankruptcy help
[ 3 Answers ]
I am trying to go through bankruptcy, I have to get all my information together for my consultation. I live with my father and I was just wondering if anybody knows if this will hurt him at all? I have about 24,000 in debt all through credit cards, I am now off work for medical reasons expected to...
Bankruptcy
[ 3 Answers ]
I was declared bankrupt in Dec 03. I have not had any correspondence stating the length of time l am bankrupt. Is there a site l could go on with maybe a register of bankrupts?
View more questions
Search
|