How can you get your title back if you have filed bankruptcy and the lien holder did not show up for the meeting of creditors?

1. How do you get a lien removed from bankruptcy?
2. What happens to a lien when you file bankruptcy?
3. How long does a bankruptcy lien last?
4. How long can a bankruptcy case remain open?
5. How do you get a title after bankruptcy?
6. Can bankruptcy discharge a lien?
7. Can a lien be forgiven?
8. How do I get a Judgement lien removed in California?
9. What assets Cannot be seized in a Judgement?
10. Can a bankruptcy discharge be reversed?
11. Can I reopen my bankruptcy case after discharge?
12. What happens if your bankruptcy is not discharged?
13. Does a bankruptcy remove a Judgement?
14. What is the difference between a lien and a Judgement?
15. What happens to judgment liens in Chapter 13?

How do you get a lien removed from bankruptcy?

If the lien remains after the bankruptcy, contact a bankruptcy attorney to file a motion to avoid the lien. This legal motion requests that a judge formally remove the lien on the property. If this occurs, the lien is no longer present.

What happens to a lien when you file bankruptcy?

Although your personal obligation on a secured debt may be wiped out in bankruptcy, the lien survives. ... In most cases, a creditor's lien survives Chapter 7 bankruptcy so the creditor will still have the ability to take the property securing the debt after the bankruptcy case closes if the loan remains unpaid.

How long does a bankruptcy lien last?

A lien expires 10 years from the date of recording or filing, unless we extend it. If we extend the lien, we will send a new Notice of State Tax Lien and record or file it with the county recorder or California Secretary of State. We will not release expired liens.

How long can a bankruptcy case remain open?

For most filers, a Chapter 7 case will end when you receive your discharge—the order that forgives qualified debt—about four to six months after filing the bankruptcy paperwork. Although most cases close after that, your case might remain open longer if you have property that you can't protect (nonexempt assets).

How do you get a title after bankruptcy?

Often it is as simple as contacting the creditor and requesting the title but sometimes it requires a little more work and patience. If you request title from the creditor and you don't receive it within 6 weeks let your attorney know and they can request it from the creditor.

Can bankruptcy discharge a lien?

You can eliminate certain types of liens in bankruptcy.

Bankruptcy can help you wipe out many types of debts—but if the creditor has a lien on your property, you could still lose the property. ... The discharge—the order that wipes out qualifying debt—doesn't remove liens and liens give creditors property rights.

Can a lien be forgiven?

Discharge by Payment: If a debt is repaid in full (also known as a “satisfaction of debt”), the property lien will be officially discharged. This usually occurs when the property is sold for more than the amount of the debt or if the land holder pays off the debt through monthly payments over a certain period of time.

How do I get a Judgement lien removed in California?

To remove a lien you have to pay the judgment and get the judgment creditor to complete a notarized Acknowledgment of Satisfaction of Judgment (EJ-100). Either party can eFile the form to the court. Then the judgment creditor or you have to record a certified copy of this form in the county where the property is.

What assets Cannot be seized in a Judgement?

All states have designated certain types of property as "exempt," or free from seizure, by judgment creditors. For example, clothing, basic household furnishings, your house, and your car are commonly exempt, as long as they're not worth too much.

Can a bankruptcy discharge be reversed?

If you commit fraud or don't follow bankruptcy rules, the court can revoke your bankruptcy discharge and your debts won't be wiped out. ... But if you're not completely honest in your bankruptcy papers or fail to follow all the rules, the court can revoke your discharge even after closing your case.

Can I reopen my bankruptcy case after discharge?

A chapter 7 bankruptcy case can be reopened after discharge and case closure under certain circumstances. Bankruptcy Code §350(b) authorizes the bankruptcy court to reopen a case for various reasons, including to "administer assets, to accord relief to the debtor, or for other cause." Fed.

What happens if your bankruptcy is not discharged?

If you do not get a discharge in your bankruptcy case, the effects of the automatic stay are no longer in force. As a result, your creditors can resume their collection activities, as you still legally owe your debts.

Does a bankruptcy remove a Judgement?

The attachment of a judgment to a debt does not change the debt's eligibility for discharge through bankruptcy, and judgments associated with debts such as these are typically eliminated in the bankruptcy process.

What is the difference between a lien and a Judgement?

The easy definition is that a judgment is an official decision rendered by the court with regard to a civil matter. A judgment lien, sometimes referred to as an “abstract of judgment,” is an involuntary lien that is filed to give constructive notice and is to attach to the Judgment Debtor's property and/or assets.

What happens to judgment liens in Chapter 13?

Just like in Chapter 7, deficiency judgments are treated as unsecured debts in Chapter 13 bankruptcy unless your lender placed a lien on any of your assets before filing. Your lender will only receive a pro-rata share of the amount going to your unsecured creditors through your Chapter 13 repayment plan.