AboutMark J. Markus- Bankruptcy Attorney Expertise Mark J. Markus is a Los Angeles attorney who has practiced exclusively bankruptcy law in California since 1991 and is BV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.
Experience Visit http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint). The Markus webpage also contains more information on
Question I recently filed chapter 7 earlier this year and was discharged a couple of months ago. I just found out that a creditor who i discharged also placed a lien against my property. How do I go about having the lien removed. Do I have to go back to bankruptcy court? I live in Illinois.
Answer Yes, assuming that the lien is avoidable (removable) you need to seek to reopen your bankruptcy case and then, if allowed, file a motion to avoid the lien. Whether it's avoidable or not depends on when it was recorded, the value of the property on the date your case was filed, the amount of all other liens against the property, and whether or not the lien impairs an exemption to which you were entitled on the date your bankruptcy case was filed, presumably under Illinois law.
