Keller, TX asked in Bankruptcy for Texas

Q: Can a lienholder that did not answer or show for the Ch13 filing charge interest and penalty on the debt?

I listed a lienholder on my filing and they did not answer or show. They have not contacted me since before the filing or even after it was discharged. Can they charge me interest and penalty on this lien? I tried many time to get a hold of someone and no luck. They should have foreclosed on 2012.

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2 Lawyer Answers

Mr. J. Thomas Black

  • Bankruptcy Lawyer
  • Houston, TX
  • Licensed in Texas

A: Liens can "pass through" bankruptcy unaffected unless they were dealt with by your bankruptcy somehow. If their lien is still valid, yes you may have to pay them including accumulated interest and other charges if you wish to keep the property.

This is much too difficult a question to get answered on the internet, and should be addressed to your lawyer. If you don't have one I suggest going to see a lawyer that is Board Certified in Consumer Bankruptcy Law, and paying for a consultation if necessary to find out what is going on with the lien, or you risk losing the property.

Timothy Denison

  • Bankruptcy Lawyer
  • Louisville, KY

A: It depends on how it was addressed in the bankruptcy. If you still have the property, you may have to pay the penalty and interest to avoid losing it.

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