Bankruptcy Law-Removing Liens On Your Home

by Meagan Kania on August 3, 2012

I filed a Bankruptcy in Oklahoma and still have a lien on my homeBankruptcy Attorney-Tulsa Bankruptcy Lawyer-Liens and Bankruptcy.

If you filed a bankruptcy in Oklahoma and prior to filing the case a creditor filed a lien on your home the bankruptcy filing will not by itself avoid the lien. This means that many debtors find that after the chapter 7 bankruptcy or chapter 13 bankruptcy case has closed the lien on the property remains.  Usually my clients find court about the lien when they attempt to refinance their home. The firm refinancing the home will reject your application not based on your credit but rather because there is a lien on the property.

What should I do?

If your case is already closed you should hire a Tulsa Oklahoma Bankruptcy attorney to file certain motions with the Bankruptcy Court in Oklahoma.  The first motion the Oklahoma Lawyers will file is a motion to reopen the case.  This entails explaining to the bankruptcy court why you are requesting the court to reopen your case.  Generally motions to reopen based on lien avoidance will be granted.  The next step is to file the actual motion to avoid the lien.  This requires that the Bankruptcy lawyer give notice to all the other creditors and give them an opportunity to be file their own motions if they feel that their legal rights might be impacted.  If all things go well, and they usually do, the motion to avoid the lien will be granted and the lien will be removed.

If you would like a free bankruptcy conultation with a Tulsa Oklahoma Bankruptcy attorney please email me or call 918-637-1546

Comments on this entry are closed.

Previous post:

Next post: