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Sure. You have to. It's just a secured lien.
The key here is the word "include." I'll write with the assumption you're the debtor, and that the lien is legally valid. Bankruptcy requires you to list out all your debts, and this is one of them, so you have to put it on there. So, if by "include" you mean list it out in the forms, not only can you include it, you must include it.
But, if you're the debtor, you're probably trying to discharge the debt. That's much trickier. The lien exists under the law of the state where the lien was created, and each state's law is different. You could have a bankruptcy of a person who owned property in three different states, each with a mechanics lien, and get three different results because each lien is effectively a different thing because the law that creates each is different. Usually, however, the effect of a valid mechanics lien is that the contractor is effectively a co-owner of the property, in the same sense that the mortgage bank is a co-owner of the property.
The upshot is that the contractor will likely be paid in full from your equity in the house (in most states only after the mortgage has been satisfied), and you can discharge any overflow unsecured debt that wasn't covered out of your equity in the house.
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Who can file a lien on property after a bankruptcy discharge?
No one. Liens can only arise on valid debts. They can be statutory (such as a mechanics lien) or judicial ( a judgment lien). However, bankruptcy discharges the underlying debt, unless the debt was one not subject to discharge (such as taxes of a student loan). These creditors can pursue these debts, receive a judgment and enforce collection through a judgment lien.
How do you file a mechanics lien in Illinois?
Try the link below for filing a mechanics lien in Illinois.
Mechanics lien on your house that is included in a Chapter 13 Can the lien holder start foreclosure on your house?
Yes they can, you will need to file a demurrer to inform the court that the house is involved in a bankruptcy - that may not avoid foreclosure however, it may only delay it.
How can you have the title but there is still a lien against the car?
Could be a mechanics lien.
Who files papers with the court house to take a lien off a property after a bankruptcy court discharges what you owe on the lien?
Your bankruptcy lawyer.
How do you do a mechanics lien?
any lien is challengable in superior court or small claims, depending on amount of lien.
If you buy a car with a lien on it will the lien come off?
NO! BANK LIEN-PAY IT OFF. MECHANICS LIEN-PAY IT OFF. autolienservice.com
How do I get a lien release from hsbc bank Nevada na?
no
What happens to a judgment lien in a bankruptcy?
If the bankruptcy is discharged you are no longer responsible for the debt.
How do you have lien removed from property after bankruptcy and person has died?
If the lien is a mortgage or a tax lien, the bankruptcy may not have discharged the debt, and the estate would have to be probated. The estate may be bankrupt, and there is usually a state procedure for estate bankruptcy. Federal bankruptcy does not apply. Consult a local attorney experienced in estates.
In Minnesota does a mechanics lien supersede a first lien holder?
A first lien holder is usually the lender or mortgage holder. Mechanics or Construction Liens do not supercede any lien placed before them or mortgage recorded after the lien is filed. In Minnesota mechanics liens are only enforceable for one year after the last day of service. Any lien holder, regardless of where they are in priority, can file to enforce their lien at anytime during that one year period.
If you had a lien placed on your house 2 months before you filed bankruptcy and you filed bankruptcy on that creditor is the lien still valid?
All liens survive bankruptcy. You can get rid of the lien by "avoiding" it. Look up "Avoiding Liens" in google or findlaw.com for more info.
