Q: I am currently in Chapter 13 and i had judgement liens and my attorney filed motion to avoid liens and they were awarded
in my favor. How do I get them released at the local courthouse where they were filed. No one seems to know including my attorney. My bankruptcy is almost over so I want to make sure everything done correctly.
A: In our area, we take a certified copy of the bankruptcy court order that avoids the liens and file that at the register of deeds office. I would think there would be something similar where you are. Call the register of deeds office and ask what they need to remove the liens. Be sure and discuss with your lawyer as they will know what is best. Good luck!
A: When I draft a proposed Plan, anticipating the voiding of a judgment lien, I include language requiring the judgement creditor to file a Release of Lien, providing further that if the creditor fails to do so, a certified copy of the Bankruptcy Court Order avoiding the lien will serve as an effective Release, when filed with the appropriate County clerk where the real estate is situated.
If your Ch. 13 Plan is not yet fully consummated, your lawyer should be able to prepare a modified plan, including provisions to release the judgment liens, if your Plan does not already so provide.
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