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Liens, either involuntary or voluntary cannot be discharged in BK, there are there to stay. However, it can be possible to AVOID a lien, depending on the value of the lien, value of the property affected, and the exemption amount for that property. Such a procedure is too complicated to discuss here.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoYou need to check with the trustee in bankruptcy or the attorney who is representing the bankrupt. Many liens are wiped out by a bankruptcy but not all. Some liens remain such as property tax liens and liens for state and federal income taxes. Child support liens are not wiped out.
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If you have a judgment of lien and file Chapter 7 will they be able to put that lien on a piece of property you may own in the future?
If it is secured to real property, you can move to avoid the lien (makes it go away). When you file a Ch 7 bankruptcy, all your debt goes away, but any liens survive, unless you specifically ask The Court to remove them. You must not have any non-exempt equity for the lien to be removed. The answer is incomplete; however, I will confine this narrowly to the question. Generally a lien on property owned prior to filing will not transfer to a property you did not have an interest in prior to filing. The most common exception would be a non-dischargeable debt that is entitled to be enforced after a bankruptcy filing [Enforcement usually requires that the automatic stay be lifted] Consult a competent experienced bankruptcy attorney for details, but remember to give him all the facts.
Does a general warranty deed that is alread transferred to grantor protect it from the previous owners creditors?
First, property is transferred by deed to the grantee. If the property is transferred to avoid creditors the creditors can still attach it through a court process. If there are already judgment liens, tax liens and mortgage liens recorded against the property then you would acquire it subject to those liens. They do not go away if you transfer the property to someone else.
Are liens valid after a tax foreclosure sale?
Tax liens, especially real estate tax liens, take priority. Other liens, such as judgment liens, take a back seat. A property tax taking is often for much less than the property value, and if the debtor does not redeem the property by paying the tax due, the tax sale buyer gets a huge bonus. The other liens, including mortgages, go away, but the debtor still owes the money.
If you dont pay your property tax will that affect you in filing bankruptcy?
Well they just don't go away if you ignore them if that's what you mean. The taxes will be a claim, a secured claim, in your BK. It will affect what is availabel to pay others and may well affect your chances to save the property they are on.
If you have a judgment of a lien and filing chapter 13 should it be removed?
Perhaps, many judgments can be discharged in bankruptcy. The ones which are allowable are determined by state and/or federal laws, depending on the type of bankruptcy chosen. Understanding that if it gets removed it is because it was included and settled/discharged as part of the BK, generally by using the asset it is secured to, ot other assets...it isn't just file BK and the lien/debt goes away.
What happens to the garnishments after you filed bankruptcy?
If they were ordered by the court (i.e.: child support - back taxes - etc) you must still honor them, bankruptcy will not do away with court ordered liens. . Liens placed by private persons or businesses will have to take their place in your long line of creditors. As soon as you file, you take the papers from the bankruptcy court showing that you filed to your employer and the garnishment will stop. There are some exceptions to this.
Can you keep your house after bankruptcy?
Many debtors have this common doubt can I keep my home after filing bankruptcy. The question for this answer is based on the factor determined by the current situation. There are two Chapters in bankruptcy legal process decides whether debtor can enjoy the full rights of having their private property. They are Chapter 7 bankruptcy and chapter 13 Bankruptcy. Chapter 7 bankruptcies rights are crafted in a form of legal structure that you need to walk away from home till you settle your debts. Chapter 13 bankruptcy illustrates individual can stay in their property but need to pay a small amount of mortgage on monthly basis to money lenders. If you have any queries regarding after filing for Bankruptcy process can you keep your house in safe manner or not visit websites like findlaw.com, bankruptcy.expert , lawyers.com to get a clear conclusion.
Can you file for full custody for your child if his mother is filing for bankruptcy?
Well you can but the court will not find that a good reason to take custody away from her.
Can gold bars be taken in bankruptcy?
Any assets you have are potentially forfeit if you file for bankruptcy. There is no way to 'lock away' part of your estate above and beyond the things the law allows you to keep - such a practice would defeat the object of filing bankruptcy in the first place.
Do you have to pay back a private student?
Yes. Educational loans fall under the category of "non-dischargeable debts" and do not go away in any type of bankruptcy filing.
What is the process of filing for bankruptcy?
It is recommended that one employs an experienced bankruptcy attorney to guide you through the process. However, it is not legally necessary.In order to file bankruptcy you need to file a bankruptcy petition and, if filing as a chapter 13 case, then propose a repayment plan.The U.S. Bankruptcy Court website has all the forms you need to fill out: http:/www.uscourts.gov/bankruptcycourts.htmlHere are the things you'll need:- Credit Counseling Certificate. You do these online from many companies. One company we use is bkcert.com- Last 3 years of tax returns.- Last 6 months of pay stubs (aka pay advices) if applicable.- Credit Report (free online)After you file you'll have to attend a meeting called the 341 Meeting in which you have an interview with the trustee in charge of your case. It can last anywhere from 15 mins to an hour depending on the complexity of your case. They are usually held 1 month from the time of filing.If you are a chapter 13 then you need to have your plan confirmed. This usually happens about 1 month after the 341 meeting.In a chapter 7 you should receive your discharge 5 months after filing.In a chapter 13 you receive you discharge after completion of the plan (3 to 5 years).
If you filed chapter 13 and had it dismissed and paid of the debt is there any way to get it off of your credit report?
No. Filing a bankruptcy creates a public record that does not go away because you did not complete the bankruptcy. - once you file and get a case number you have filed for bankruptcy. if you didn't follow through and it got dismissed is regardless. you still filed for bankruptcy and it will still be on your credit report.
