San Bernardino, CA asked in Bankruptcy for California

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.

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4 Lawyer Answers
Peter Maurice Lively
Peter Maurice Lively
Answered
  • Bankruptcy Lawyer
  • Culver City, CA
  • Licensed in California

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.

Aaron Michael Lloyd
Aaron Michael Lloyd
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Redlands, CA

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

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

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.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

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.

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