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An Example of a Letter to Write to a Lien Holder?

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    An Example of a Letter to Write to a Lien Holder?

    I have to write a letter to a creditor who I just found out has a lien against me...a medical bill, of course!

    Is there a website that has an example of the type of letter I should write to ask the lien holder to drop the lien?

    Thank you!

    #2
    Quentin, I read your other post re: can medical liens be removed under BK.
    I'm not sure what is going on in your situation, but here is what I did w/ liens against me by the IRS and State taxes.
    First of all, my attorney did a lien search at the courthouse. I'm sure if you called someone there, they could tell you how to do it.
    Secondly, the state taxes had been paid for some time and so I phoned the lien dept at the state and gave them the lien# and some identifying info they requested. He looked up the file and said that there was still a little amount of taxes to be paid...I needed to send them $23.94. That if I sent M.O. or bank check, it would clear quicker. Sent it in the next day (registered mail) and rec'd a letter from them within a week stating that it had been released.
    IRS had a lien that I still owe some on. It would have come off Jan. '06, but I was better off filing under the old law. Atty. says that he will fight to have it discharged or dismissed after the BK is discharged.
    The short of my response is that I don't know where you can find a letter, but would suggest that you phone the court where it is listed and ask what needs to be done for it to be lifted.
    Medical bills are dischargable, so my assumption is that they will ve discharged in the BK and that you will be unable to get the lien lifted before the BK is discharged. Sorry, I couldn't be more help.

    Comment


      #3
      Thank you...I will call the courthouse tomorrow...

      Originally posted by AAAArt
      Quentin, I read your other post re: can medical liens be removed under BK.
      I'm not sure what is going on in your situation, but here is what I did w/ liens against me by the IRS and State taxes.
      First of all, my attorney did a lien search at the courthouse. I'm sure if you called someone there, they could tell you how to do it.
      Secondly, the state taxes had been paid for some time and so I phoned the lien dept at the state and gave them the lien# and some identifying info they requested. He looked up the file and said that there was still a little amount of taxes to be paid...I needed to send them $23.94. That if I sent M.O. or bank check, it would clear quicker. Sent it in the next day (registered mail) and rec'd a letter from them within a week stating that it had been released.
      IRS had a lien that I still owe some on. It would have come off Jan. '06, but I was better off filing under the old law. Atty. says that he will fight to have it discharged or dismissed after the BK is discharged.
      The short of my response is that I don't know where you can find a letter, but would suggest that you phone the court where it is listed and ask what needs to be done for it to be lifted.
      Medical bills are dischargable, so my assumption is that they will ve discharged in the BK and that you will be unable to get the lien lifted before the BK is discharged. Sorry, I couldn't be more help.

      I really appreciate your help!

      Comment


        #4
        If it's a lien attaching your property, you'll probably have to file a motion to avoid lien w/ the BK court while your BK case is still open.

        Most atty's charge extra to do this (I think my atty charges $150). If you don't have representation, you might search local cases on Pacer for an example of such a motion for your district.

        Comment


          #5
          Originally posted by bezoar
          If it's a lien attaching your property, you'll probably have to file a motion to avoid lien w/ the BK court while your BK case is still open.

          Most atty's charge extra to do this (I think my atty charges $150). If you don't have representation, you might search local cases on Pacer for an example of such a motion for your district.

          mine charges $250 and i was told it is free to file the motion at the court since you are already in bk proceedings.

          anybody know how to search for a motion of this type in PACER?

          i cant find one yet. all i know is list a bunch of BK's and start rummaging through it. um up to $35 or rummaging now.

          help!
          Last edited by bkfiler; 11-03-2005, 03:57 PM.
          Im not an attorney or a trustee. You cant trust me either though!

          [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
          [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
          [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
          [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

          Comment


            #6
            bump
            Im not an attorney or a trustee. You cant trust me either though!

            [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
            [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
            [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
            [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

            Comment


              #7
              I'm also looking for samples in PACER for the complaint to be filed to begin an adversary proceeding to determine dischargeability of tax ... have not yet found an efficient search method ... anybody?

              I searched in Pacer for LAST name "Internal Revenue Service" and got a fairly good amount of hits, but 95% were chapter 13 not chapter 7.
              I'm in N. California ... Thanks for your replies!
              10/11/05: bought www.form7.com software
              10/14/05: Filed Ch 7 BK Petition pro se skeleton
              10/27/05: Filed all schedules, etc.
              11/17/05: 341 meeting (done!)
              01/16/06: Last day to file objections
              01/18/06: Discharged, closed

              Bankruptcy LINKS

              Comment

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