Avoiding Judicial Lien against Real Property
During a Chapter 7 case, you may be able to eliminate liens against your property. The filing of the bankruptcy may discharge your obligation to pay the underlying debt but it won’t get rid of the lien. You must file a “Motion to Avoid Judicial Lien” with the court and obtain a court order.
The most common type of lien that is discharged under Chapter 7 is a judicial lien. A judicial lien is a lien that arises through a court order issued by a judge. You must file the motion with the bankruptcy court after your bankruptcy case is filed and before the case is closed, following the procedure set out in item [3] below.
[1] Searching Court Records for Lawsuits, Judgments and Liens