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removing a lien

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    removing a lien

    there has been quite a bit of discussion here concerning judgements/liens and advice as to "dont bother defending a judgement/lien if you are going to file bk later" most of the knowlegable people here advise to defend yourself..and show up in court...do anything to stall to avoid the judgement....SOME say dont bother to fight ....if you have a house...and the judgement becomes a lien....it WILL cost you more to remove...lien removal is NOT included in bk fees to your lawyer....it is common to charge 300 more plus any court costs.....a lawyer just gave me a little insight to whats involved.....here is his response...

    "If you receive a discharge in a bankruptcy case, and the underyling debt you are referring to is dischargeable, then you no longer owe on that debt. However, if there was a lien perfected against assets more than 90 days prior to your bankruptcy case being filed, then that lien remains against whatever assets it attached to before your bankruptcy case was filed. Usually this is real estate, if the creditor simply recorded an abstract of judgment in the county where property is located.

    A lien can be removed in a bankruptcy case if it meets certain criteria; specifically if it impairs an exemption that the debtor in bankruptcy would be entitled to in absence of the lien. This of course depends on what exemption laws apply in your particular case, the value of the asset(s) in question, and amounts of any senior liens against that asset. If you meet the criteria, you can seek to reopen your bankruptcy case to file a motion to avoid the lien."

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