Expert: Terry Leeders - 7/29/2007

Question
My bankruptcy was discharged June 2006. At the time I had no known judgements against me. However, I am selling my home now, and I am afraid the creditors involved in the bankruptcy will now try to put a lien on the property. Can they do this? And, do they have to get a judgement before they can attach a lien? I had a creditor call me and tell me they where putting one on my property when they found out it was for sale.

Answer
If they put a lien on before your bankruptcy was filed, and if lien interferes with the amount you can exempt,then you might be able to reopen the case to bring a motion to avoid the lien.  If they had no lien when you filed, then they cannot go back later and put the lien on the home.  IF they did, your real estate attorney can be hired to help 'quiet' title.