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A debtor who wishes to reopen a closed bankruptcy case to remove a lien normally has to first file a Motion to Reopen the bankruptcy case with the Bankruptcy Court. The Bankruptcy Court charges a $155.00 fee to do this (as of today's date, 2/25/05). If the debtor hired a lawyer to do this for him or her (highly advisable) then there will also normally be attorneys fees that the debtor has to pay as well. Once the case is reopened by the Court, the debtor (or more likely his or her attorney) then has to file a Motion to Avoid Judgment Lien pursuant to 11 U.S.C. 522(f)(1). It should be noted that NOT all judgment liens can be avoided by 522(f), only those that "impair an exemption of the debtor" pursuant to 11 U.S.C. 522(f)(2). One should speak to attorney about this. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

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Q: How do you reopen a Chapter 7 case and petition to remove a lien showing from a discharged judgment?
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Related questions

How do you know if your bankruptcy is discharged on your credit report?

Bankruptcy does not get discharged. Debts are discharged. The bankruptcy will remain on your credit report for 10 years from the date of filing. The debts that were discharged can remain for 7 years from the date of discharge, showing a zero balance and that they were discharged in bankruptcy.


How can you prove that a judgment has been discharged in a bankruptcy?

The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.


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