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    Question 5 years after BK and

    So, its been 5 years since my chapter 7. I follow all the advice from this community, I bought a house 2 years after and now trying to refinance my mortgage and mortgage company says I have a lein on me from one of the credit cards that was supposely discharged in my chapter 7.

    This CC was going to take me to court to have my wages garnished but I decided to go through a BK would that matter?
    In three words I can sum up everything I've learned about life: "It goes on".

    #2
    A lien in place before BK survives BK unless there is an order stating otherwise. Check with your BK attorney.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


      #3
      I'm sorry. I just re-read your post and it appears that you bought your house after the debt was discharged. So, the lien obviously did not exist at the time you filed BK. I would write a strongly worded letter to the creditor demanding that they release the lien immediately or that you will pursue them for violation of the court's permanent injunction against collection efforts. Include a copy of the discharge order. Or contact your BK attorney and ask him to write a letter.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        As LITR writes, I would send a demand letter to the creditor using words that convey that they are in violation of the injunction, that they are in contempt of an order of the bankruptcy court, and that they have 14 days to take corrective action or you will have them back in the bankruptcy court for sanctions.

        Don't let this just simmer or allow the creditor to do this. They -- discharged creditors -- are only bolstered by debtors who allow this to happen.

        Contact your prior attorney and see if they will take this on as a contingency case (meaning they'll recover fees from the creditor). In fact, I might be inclined to attack on two fronts. Since they actually appear to have a lien upon your property -- and after vetting that the claim was in fact discharged -- I would re-open my case and file a complaint as well as sending the demand letter.

        This frustrates me!
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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