Sanbornville, NH asked in Bankruptcy and Real Estate Law for New Hampshire

Q: Can ucc1 lien be continued if there is no personal liability as it was eliminated in bankruptcy 7 and 1/2 years ago?

Bankruptcy discharged personal liability over 7 years ago. Ucc1 lien was in place at the time unbeknown to me and not addressed during bankruptcy and im just finding out about it as i am selling my home. third party bank filed continuance of lien attachment to property (fixture filing) in April of 2018 (brankruptcy discharged in 2012). Is this legal? Bank wants $30k (principle plus interest all this time) for something i was personally discharged from. Is it legal to file a continuance without personal liability?

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. You will need to reopen bankruptcy and avoid the lien to be free of it.

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