Expert: Terry Leeders - 10/16/2008

Question
There are 3 of us on title to house that is now sold and supposed to close this week. I find out today that unsecured credit card, that was discharged in 2005, has put a lien on me. The other 2 people on title have no liens or judgements and I am only one here with the problem. The house is paid for and used no credit. I filed CH 7 BK and was completely discharged in 2005. I have the credit card company and entire debt listed on my list for CH 7 but they are coming back and delaying closing. What are my options to get this resolved or is there a way to remove my name from title to proceed with closing? Looking for viable options because we've had 3 closings fall through on financing and just want this house sold and over with. Thanks for your advice!

Answer
If they had a judgment lien attached prior to the case, the debt may remain.  Occasionally, if the lien impaired your exemption amount, then it may have been possible to bring a motion in bankruptcy court to strip the lien.  IT would have come down to valuation, and exemption amounts.  It might be possible for your lawyer to still do it, reopening the old case.  IT depends on the #s. Otherwise, you will have to pay this debt from closing to be able to pass clear title.