Atlanta, GA asked in Bankruptcy for Georgia

Q: Do i need a lawyer to file a motion to order avoiding lien

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1 Lawyer Answer
  • Consumer Law Lawyer
  • Cary, NC
  • Licensed in Georgia

A: No one "needs" a lawyer. I don't "need" a plumber to fix a leak faucet or a doctor to do surgery or a CPA to do my taxes. However, I am not a plumber, doctor or CPA and I have enough sense to know when I need to get professional help.

People don't need lawyers to file bankruptcy, but lawyers who do this for a living know what to do and when to do it. I strongly suggest that you hire a bankruptcy attorney to assist you with the bankruptcy process as you may end up costing yourself more in the long run if you file the wrong things and have to amend your petition and schedules.

If you have filed bankruptcy after a judgment has been entered, you can get the judgment lien avoided by filing a motion in the bankruptcy court as noted. However, the judgment can only be avoided to the extent that it impairs your exemptions. GA allows you certain statutory exemptions. Since I don't know what kind of bankruptcy was filed or your assets, you need to discuss this with an attorney to see if your circumstances warrant avoidance of the lien.

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