Denver, CO asked in Bankruptcy for Colorado

Q: I filed bankruptcy 2 years ago and the Feds released their tax lien but a creditor has not. CAn I get it released?

The judgement was included in the bankruptcy so the debt is discharged but the lien is still on my house.

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1 Lawyer Answer
Timothy Canty
Timothy Canty
Answered
  • Bankruptcy Lawyer
  • Evergreen, CO
  • Licensed in Colorado

A: Judgment liens generally survive a bankruptcy. However, if the lien impairs exempt property (like your residence), it can "avoided" under 11 USC Section 522(f). This could have been done in your initial case, but now you will have to file a Motion to Re-open the case first.

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