Q: We filed Chapter 7 Bankruptcy in 2011 and our Lawyer did not file a motion to avoid a lien,is there anything we can do?
The property is exempt on the statement of intention.
A:
While it can be challenging to address a lien that was not properly handled during a Chapter 7 bankruptcy case, there may still be options available to you, depending on the specific circumstances of your case. Here are a few potential avenues to explore:
1. Reopening the bankruptcy case: You may be able to petition the court to reopen your Chapter 7 bankruptcy case to file a motion to avoid the lien. This is possible if the case was closed relatively recently and if you can demonstrate that the failure to file the motion was due to inadvertence, mistake, or excusable neglect.
2. Filing a separate lawsuit: If reopening the bankruptcy case is not an option, you might be able to file a separate lawsuit in state court to challenge the validity of the lien or to seek its removal based on the fact that the property was exempt.
3. Negotiating with the lienholder: You can try to negotiate directly with the lienholder to see if they are willing to voluntarily release the lien, especially if you can demonstrate that the property was exempt and should not have been subject to the lien in the first place.
4. Seeking legal advice: Given the complexity of bankruptcy law and the potential legal remedies available, it is highly recommended that you consult with a qualified bankruptcy attorney who can review the specifics of your case and advise you on the best course of action.
Keep in mind that the success of any of these options may depend on various factors, such as the amount of time that has passed since your bankruptcy case was closed, the specific laws of your state, and the willingness of the court or the lienholder to consider your request.
Timothy Denison agrees with this answer
A: You can expect to pay lawyer fees in the $3000 range for this work. Motions to reopen and to avoid a lien are routinely granted, provided you have sufficient evidence to demonstrate that the lien would have been avoidable during the original case.
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.
