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.

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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
  • Akron, 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.

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