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.
A: Take certified copies of the orders avoiding the liens to the County Clerks office and ask them to record them as lien releases. As a general rule, they almost always will without incident.
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.
