Cincinnati, OH asked in Bankruptcy for Ohio

Q: ucc lien on house that I need to sell.

Filed 10 years ago not realizing this was a secured debt and included it in chapter 7. No one ever contacted me for a reafirmation or to see what I wanted to do with it. My attorney never mentioned the lien. Is there anyway to get it removed? I thought the chapt 7 got rid of it.

Related Topics:
2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You can reopen the chapter 7 and ask the court to avoid the lien on your house. It would be advisable to have a lawyer do this for you.

Dean Paolucci agrees with this answer

Dean Paolucci
Dean Paolucci
Answered
  • Bankruptcy Lawyer
  • Stow, OH
  • Licensed in Ohio

A: I agree with Timothy Denison below; hire an attorney to file a Motion to Reopen the Case, then a Motion to Avoid the Lien. Find a local attorney who has handled these before, as each Court is a little different on procedure, etc.

Best of Luck to you.

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.