Bankruptcy. How long do I have to file a motion to avoid lien on real property after my chapter 7 has closed. Heard I can reopen

I must respectfully disagree with Mr. Shirdel. A motion to avoid a lien on real property under 11 USC 522(f) is available in a chapter 7. I routinely file such motions. Perhaps he is thinking of lienstripping in chapter 13. There is no set time limit that I am aware of; however, the judge does have discretion and if it unfairly prejudices the creditor you may be out of luck. Do it sooner rather than later.

I am not aware of any deadline to reopen a case to avoid a judgment lien in Chapter 7. Most people hate paying the extra fees to reopen & it is a lot of extra work to do this, but you gotta do what you gotta do. Hope this perspective helps!

There is no motion to avoid lien in a chapter 7 case. That's only in a chapter 13. If you'd like convert your case to a chapter 13, please feel free to contact my office.

There is no concrete time limit on reopening a Chapter 7 case. Since the bankruptcy code states that a case may be reopened "in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause," the decision is largely discretionary and up to the judge. In order to reopen a Chapter 7 case and avoid a lien on real property, two motions must be filed: (1) The First Motion is the Motion to Reopen a Bankruptcy Case; (2) The Second Motion is often a motion to avoid a judgment lien, as in your case. You would also have to pay a fee to reopen the case. Please consult a competent bankruptcy attorney in the Los Angeles area for possible alternatives to reopening and whether reopening the bankruptcy case is your best option considering your circumstances.

No limit, however reopening of your case is subject to Judges discretion. Jonathan Leventhal, Esq. Leventhal Law Group, P.C. 818-347-5800 ----- Original Message -----