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.

Related Topics:
2 Lawyer Answers
Mr. J. Thomas Black
Mr. J. Thomas Black
Answered
  • 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
Timothy Denison
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.