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Bankruptcy with utility lien on property

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    Bankruptcy with utility lien on property

    Maybe someone can give me ideas or info on what happens when Bankruptcy was filed and a Utility Lien ( water/garbage etc.) was put against the home. Are these liens dischargeable or not? Thanks

    #2
    I believe you can list this amount in your bk. Since thee is already a lien against the property, you may have to do a bit more to get that lien remove. At this time I am out of my realm so you need to ask you lawyer. Sorry. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      As with any lien, the lien survives BK, unless
      1. There is no value that actually secures the lien (the property is worth less than the superior liesn, e.g. 1st mortgage, 2nd mortgage etc).
      2. The lien impairs and exemption.

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        #4
        You forgot the rest of it HHM. That is, that the debtor still needs to take an action in order to Avoid that Lien by filing the requisite motion in the Bankruptcy Court.
        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.

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