Q: If someone already filed for bankruptcy, waiting for hearing in morning, can another lawyer deal with removing I-lien.
I understand all of what is needed for information on bankruptcy and the need for it with filing for involuntary lien removal. All I need is to find out what the average cost is to have it removed during the process of waiting for dismissal.
A: A debtor can substitute counsel of record and the new counsel for the debtor can prosecute lien avoidance motions. I have helped many debtors to reopen their chapter 7 cases for the purpose of prosecuting motions to avoid judgment liens as well as substituted into open cases for the same purpose.
A:
Hello,
You may be able to hire a lawyer to remove it for you inside of bankruptcy. The cost is usually determined on a case by case basis which can range from $700 to $3,000. Alternatively, you can sometimes negotiate with the lien-holder to releasee the lien for a reasonable sum certain and forgo the motion work all together. Contact a bankruptcy lawyer asap so you know your options and what makes the most economical sense for you.
I hope this helps.
Thank you,
Aaron
A: The answer provided by Atty Lively is accurate as to seeking assistance from another attorney - which would require your current attorney to substitute out of the case in place of a new attorney to represent you. I recommend you search for an attorney in your local area to assist you - but don't be surprised if the fees quoted are similar to what your current attorney has proposed. Depending on how it is done and the facts of the situation, the process requires a bit of work in preparing the documents. To get it done properly, it requires someone who is familiar with the issues and process - this is not a place to just hire the least expensive attorney without properly interviewing the prospective attorney.
A: You can have any lawyer you want, but if the case is being dismissed, it is not likely that avoiding the lien will be successful.
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.
