Mountain View, CA Bankruptcy Law Firms & Lawyers

There isn't a program to strip a lien in a Chapter 7. This benefit is exclusively available in Chapter 13. If this is a judgment lien, you may be able to avoid it by motion and proper notice. The process for doing this can be very tricky, so get an experienced bankruptcy attorney to represent you.

The judgment means that a court agrees that the business owes you money. The bankruptcy means that it is unlikely that you will be paid. If the business owns real property, the judgment, if rendered in the county where the property is, will create a lien on the property. If not, you probably have an unsecured claim that will not be paid unless the trustee recovers money. About the only thing you can do is file a proof of claim and hope. If the debtor is an individual and you believe that there is fraud or a failure to be candid with the court, there are other things that can be done.

Dear Anonymous, Normally, if this was a run-of-the-mill Social Security Benefits overpayment, I would give you a fairly quick response to this question. However, given the size of the overpayment, I think you really need to discuss this with a bankruptcy attorney in person. The reason is you need to discuss with the attorney the basis for the overpayment. Most bankruptcy attorneys offer a free, initial consultation. Many attorneys may not wish to answer a question of that nature in a free consultation, but I am sure you can buy an hour or so of their time to discuss it. From the sounds of it, you should probably first contact an attorney to assist you with the benefits process - I've never seen a claim of overpayment that large, so you really need some assistance or you could put yourself in a pretty bad situation. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."