Avoiding a Lien in Bankruptcy

Avoiding a Lien in BankruptcyA lien is an interest in real or personal property which secures a debt. A lien may be voluntary or involuntary. An example of a voluntary lien is a mortgage on your property. Involuntary liens include judgment liens. Involuntary liens arise after a judgment has been obtained in a court in Massachusetts and the Plaintiff has recorded a lien against your real or personal property.

When you file for bankruptcy, you may be able to avoid a judicial lien and/or a mortgage on your property. This means that through the bankruptcy court, the lien will be removed from your property. In most cases, you may remove a judicial lien regardless of the chapter of bankruptcy you file. On the other hand, avoiding a mortgage is available only in a Chapter 13 bankruptcy. Contact an attorney at Goldberg Law to find out your options in avoiding a lien on your property.

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