Q: Can I refile a lien on real property, against a person who I had taken to small claims court, and I won the judgment,
I was awarded the monies, but the defendant filed bankruptcy and I received nothing, so I put a lien on his property and was contacted about my lien from an title co. Only later to find out they were wrong about my windfall
A: If you recorded a lien before the bankruptcy, the lien survived the bankruptcy unless the Debtor took action to try to have the lien removed. However, if you recorded a lien after a bankruptcy was filed, that lien is void as it was an action taken to collect a debt in violation of the automatic stay imposed when the case was filed and the discharge injunction when the case was concluded. If you require more information, talk with a bankruptcy attorney in your area.
A: You should consult with a local bankruptcy attorney to determine how you should proceed. If you violate the bankruptcy rules it can have some negative consequences to you so you really need to know exactly what your rights and options are.
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