Home     Law Advice     Insurance Advice     Community    
Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-27-2004, 10:12 AM
SinisterEVO
Guest
 
Posts: n/a

lien on home before Chap 7


What is the name of your state? CO


When you file Chap 7 Bankruptcy, does it remove any liens you have on your home? You can keep your home as long as you don't have too much equity right? 10,00k equity?
  #2  
Old 10-27-2004, 10:50 AM
Member
 
Join Date: Sep 2004
Location: Kentucky
Posts: 36
KY - Minnymouth here!

Mortgage liens are not removed. But BE SURE you CHECK YOURSELF that your mortgage papers are in order and that all liens are recorded at courthouse. So DO NOT depend on your lawyer to do this, MINE SURE DIDN'T. Especially if you own a mobile home and have a title with it. Make sure that the lien is recorded on the title,at the courthouse, and on the mortgage/loan papers. Do this before you file!!!!
Take your lawyers advice seriously, but also check behind him**************..will save you a lot of grief.
Check with your lawyer for exemptions for your state. You dont want too much equity in your home, trustee goes after it.

Wish you luck, hope it goes well for you!
  #3  
Old 10-27-2004, 01:17 PM
Member
 
Join Date: May 2004
Posts: 633

Motion to Avoid Lien


You are also going to have to file a Motion to Avoid a Lien.

This is seperate paperwork from your Bankruptcy forms.

Check the local rules for your state to see what you need to submit.
(Should be under bankruptcy rule 4003).
  #4  
Old 10-27-2004, 04:32 PM
SinisterEVO
Guest
 
Posts: n/a
so filing bankruptcy Chap 7, I would be able to remove any liens on my home?
  #5  
Old 10-27-2004, 04:32 PM
Member
 
Join Date: May 2004
Posts: 633
What is the lien from?
  #6  
Old 10-27-2004, 07:30 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
You can't remove the MORTGAGE lien, but liens from other debts MAY be removable if they impair your exemption.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:46 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.