Hi I filed chapter 7 in early 4/2009 and discharged 8/2009. Yeah! Yes, I am very excited but, I was not clear on liens. I thought when I discharged the lien would go away. I was told by a friend that the lien is still active. The creditor who put the lien was chase. My question is what is the easiest and cheapest way to get this lien taken off? Does anyone have any ideas on how do I go about this? What steps do I take? My money is very tight and not alot of extra cash for anything. I am willing to do the hard work and research to take care of it, but need to do it the cheapest way possible. I do not own any real estate property. All I own is a truck that is paid off and worth $3500. and the property that I was allowed to keep in my bankruptcy. I do have a vehicle that I financed a year ago and have 4 years to pay on it. It was put into the bankruptcy. I also found out that the car payments that I am making on it are not being recorded on my credit report for helping my credit, so I am looking to give it back to the bank and getting a new car loan that will help my credit rating in the future. My question on the car is, will that lien effect any car I purchase in the future? if I get a new car loan? I know the existing car loan that I have for the car that I want to give back is protected under the bankruptcy law. Am I foolish for giving that car back if I am protected under the bankrutpcy code and I have that lien still in effect?? Not really sure the effect that liens have on a person, property etc. I appreciate all comments and advice. Whatever you can tell me about the liens, buying a new car and that existing lien, and again how do I get rid of it the cheapest way possible. thank you very much.
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Do you mean you have a judgment-not a lein?
If you own no real estate, what would the lein be against?
As to giving upmthe car-did you sign a formal reaffirmation agreement? -
It is a judgment, which after a few months which was by the chase creditor was then able to turn it into a lien. I received a notice that said this was entered into our court system as a lien. so yes it was a lien. I have no real estate. The lien is from chase the creditor, trying to go after me the debtor with an unsecured debt. They felt it was worth their while, as most creditors do not go after the debtor, they did and by the way I was never served, all I received was the final judgment that they had done this judgment and then a few months went by and I received the notice that a lien went into the system. Regarding the car because calif is almost bankrupt, the bankruptcy court is not doing reaffirmations due to the uncertainty if people will still have a job. If they do a reaffirmation, then who is to say they will not have a job.
Can anyone out there please answer me on the question of the lien? thank youComment
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you dont say if chase was included in your bk...if it was and they somehow got a judgement after the bk...then yes you should be able to go to court where lien was recorded and have it removed...did you notify your lawyer about this?? they should be able to help you...if the lien or judgement was placed after the bk..if should not be enforcable...but you definitely need to have it removed...some lawyers will just tell you what you need to do and you will have to remove it yourself...Comment
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Yes, Chase was included in the bk. The judgment came before the bk. I did notify my attorney after the discharge and this is a cut and paste of what she said to me. "YOU CAN GET THAT REMOVED THROUGH BANKRUPTCY, BUT IT TAKES A SPECIAL MOTION THAT IS NOT PART OF A NORMAL BANKRUPTCY CASE. WE DO IT THROUGH A "MOTION TO AVOID LIEN". THESE MOTIONS ARE ROUTINELY GRANTED, BUT MANY CLIENTS DO NOT LIKE TO FILE THEM DUE TO COST. THE FILING FEE IS $150 FOR THE MOTION, IF YOUR CASE HAS CLOSED ALREADY, THEN THERE IS A $260 RE-OPENING FEE, AND I CHARGE $300 FLAT FEE TO DO THE MOTION. SOMETIMES THEY WILL REMOVE THE LIEN VOLUNTARILY, BUT THAT IT FAIRLY RARE. YOU MAY WANT TO CALL AND SPEAK WITH SOMEONE ABOUT THAT FIRST TO SEE IF IT WILL BE NECESSARY BEFORE WE FILE THE MOTION." That is what she quoted to me. I understand but, I think it is ridiculous to pay all that money again $150. $300. and $260 which will total $710. I thought that there might be a cheaper way to go about this and just do it myself with self forms, I can't believe that the motion is $150. and $260. to re-open. If you know of any other route, could you let me know? I just discharged and my money is very, very tight. thank you so very much.Comment
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Frankly I have never heard that CA had any authority to deny a reaffirmation of a car. This is after all a Federal process under the law. Normally your attorney approves it on behalf of the court stating that it will not be a burden on your new budget.
I think you mixed something up or I misunderstand what you are trying to say.Comment
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Hi again on this forum? Can I please get some help with the question on the Lien please? Junker, I furnished information on the chase question. Can anyone out there answer the questions regarding the lien please? thank you so very much.Comment
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i just checked with the court in my county in california, i am in northern ca...THEY SAID...if lien or judgement was before the bk...which you say it is...they (the court) should have gotten a copy of the bk along with you and chase...in which case THEY WILL remove it...at no charge...in other words the judgement should have been included and the court should have gotten a copy of the bk showing the lien...and they will remove it...if this didnt happen with your case....you need to contact your court where the lien is recorded and give them a copy of your bk papers showing the judgement or lien..and they will remove it..and also ask your lawyer why the court wasnt included...as i understand it they just need proof of lien being included in bk...now i hear some courts want filing costs,,i have heard of up to 150 to 200 bucks...but this court said no charge except 8 buck recording fees...there have been heated discussions on this in other sections of this forum...under collections.....so to others going through this.....IF YOU ARE FILING bk and some one has a lien....make sure your lawyer sends info to the COURT that recorded the lien...as well as the creditor with the lien.....hope that helps. opComment
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Junker THANK YOU SO MUCH!
junker You are a BK Angel!. Thank you so much. I thank you from the bottom of my heart for looking into that! You have made my day and my weekend. I think I will actually sleep now. I will do as you instructed. I also think that was very wise of you to advise others on this site, of making sure that loose end has been taken care of. This BK forum is very fortunate in having such a professional and thorough person. I too am in Northern California. thank you again.Comment
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Junker, I have something else. I sent my own request in after I left this forum and did not hear anything back as of yet. But, guess what I got in the mail today from the same chase creditor, it is a subsitution of attorney -civil without court order. Are they trying to invoke that lien now? is that what this is? I tried to do this thing on my own after we talked at this forum. Should I now involve my attorney and just pay all the legal fees? They are going to try and sue me now aren't they because of that lien? is that right? please let me know as I am really devastated today over this what I got in the mail.Comment
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i am not understanding why your attorney didnt help you with this from the beginning...but..if you are able to do some of this on your own....re opening the bk case..i think is around 200 or so...filing a 522 motion to vacate or avoid...is what you would need...but if the DEBT was discharged in bk..it is not enforcable.. check back with your local court clerk...maybe they can tell you why it hasnt been removed..and if it is or not enforcable..your attorney SHOULD have at least told you that removing judgments are a extra charge...sounds like he didnt even know you had a judgment...you might try posting more info on the pro se section here...there are some more knowledgable people that might be able to help there...if you want to try and do this yourself..msbklawyer or justbroke are a couple that might be able to help more...they are usually in that sectionComment
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this is taken from a california bk lawyers advice site..
If you do not own real estate on the date of bankruptcy, the fact that a creditor may have recorded an abstract of judgment will be of no import; there is no need to file a motion to avoid the judgment creditor's lien since the lien did not attach itself onto any assets.Comment
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