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Can I remove a permanent injunction filed at the registry of deeds on my house in bankruptcy
Anonymous6 views4 answers
I filed a chapter 7 bankruptcy and my lawyer avoided and removed the lien of a creditor. Unknown to me the same creditor for the same debt filed a permanent injunction at the registry of deeds about 6 weeks after the lien was filed but before my bankruptcy was filed. Can this permanent injunction be removed in the same way? The creditor's attorney refuses to remove it. My attorney is not sure on how to remove it because it is not quite a lien.
I have never heard of such a thing..so maybe an attorney in your state will have to further explain. But if it interferes with your homestead exemption, ask your attorney to file a motion for an order to deem that injunction void as to your house.
Please provide more information. What is the permanent injunction for? Generally, bankruptcy can discharge debts and in certain situations, liens can be removed, as you know. An injunction is a requirement to either do something or refrain from doing something. I think it will depend on what it is for and in some situations it might be possible to get a court order declaring it void.
I agree that if the injunction relates to the same judgment as the lien that was avoided you should also be able to remove the injunction if it impairs your homestead. Your attorney may just need to file another motion under sec 522(f).
Injunctive relief is virtually always directed at human beings, not inanimate objects like houses, whereas a lien is placed on a piece of property to secure the creditor's position in a debt owed to her. Without knowing who the permanent injunction is directed at (you, presumably) and what the subject matter of the lawsuit giving rise to the injunction was, it is hard to know what is going on.
