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Asked in CA May 26, 2022 ,  0 answers

Abstract of Judgement

My dad had this order placed against his home due to credit card debt. He filed for chapter 7 and all his debts were forgiven. He passed away a few days ago and I went to check on the status of his home at the recorders office only to find out that this creditor has not removed the lien from his property yet, he filed for chapter seven in 2005 after the lien was placed against the home. How do I go about getting this lien released. Thank you

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2 Answers

Anonymous
Reply

Posted on / Jun. 30, 2008 17:49:00

Re: Abstract of Judgement

It may be too late to do anything. A motion to avoid lien must be filed during the bankruptcy case. You could try to reopen the case, but then the Bankruptcy Court could take away any assets of the estate to pay off the creditors, which may leave you with nothing. A better course may be to negotiate with the creditor.

Anonymous
Reply

Posted on / Jun. 30, 2008 17:49:00

Re: Abstract of Judgement

It may be too late to do anything. A motion to avoid lien must be filed during the bankruptcy case. You could try to reopen the case, but then the Bankruptcy Court could take away any assets of the estate to pay off the creditors, which may leave you with nothing. A better course may be to negotiate with the creditor.

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