Stanford, KY asked in Bankruptcy and Real Estate Law for Kentucky

Q: House purchase post-Chapter 7, lien risk?

I filed for Chapter 7 bankruptcy in Kentucky 10 years ago. I am now looking to purchase a home. Can I have assets like a house in my name without the risk of a lien being placed on it due to the bankruptcy from 10 years ago?

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3 Lawyer Answers
Anthony M. Avery
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A: If you listed all the creditors you had then and got a discharge, then those debts are gone and cannot be collected upon. But if you have been sued since or incurred other debts, then you might have something to worry about. If so, consult with a KY attorney about asset protection and exemption rights.

Timothy Denison agrees with this answer

A: Unless you have any judgments since your last bankruptcy, you should be free and clear of any liens against your property from your past.

James L. Arrasmith
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A: After 10 years from your Chapter 7 bankruptcy in Kentucky, you should not have to worry about liens related to that bankruptcy being placed on a new home purchase. The bankruptcy itself has likely fallen off your credit report by now, and discharged debts cannot legally be collected upon or result in new liens against your future property.

When you filed for bankruptcy, most of your unsecured debts were wiped clean. However, it's worth noting that if there were any non-discharged debts from your bankruptcy (such as certain tax obligations, student loans, or fraud judgments), those creditors might still have legal rights to pursue collection, including placing liens on your new home.

Before moving forward with your home purchase, consider checking your credit reports to confirm all discharged debts are properly marked and verify there are no unexpected judgments still on your record. You might benefit from consulting with a bankruptcy attorney who can review your specific situation and provide peace of mind that you're in the clear to buy your new home without these past concerns following you.

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