Skip to main content

I co signed auto loan for my son years ago. A court judgement was placed against me and a lien placed on my home in Mass. Does this lien ever expire and if it does when? I took the Homestead protection after the lien was applied. I am thinking about filing for bankrupcty to get it removed. Any help would be appreciated

Editor's Response

This is a rather complex area of bankruptcy law, and one that is certainly beyond my basic understanding of bankruptcy law.  Here is what I know:  Under Massachusetts law (and its interaction with federal bankruptcy law), the issue of whether a lien can be removed is dependent of whether the debtor is able to claim certain exemptions.  In essence, if a motion is filed by the debtor to remove a lien, the bankruptcy court may grant that motion if and to the extent that the lien interferes with the debtor's ability to claim an exemption that he is entitled to. 

 

Obviously, before you file bankruptcy, you will need to talk to a Massachusetts bankruptcy attorney, explain your situation fully, and find out which exemption you can and should take advantage of and whether that exemption creates a situation where the bankruptcy court will agree to remove the lien(s) in question.  Many bankruptcy attorneys in MA offer a free initial consultation.  Sadly, I cannot answer that question for you.  Good luck.

Talk to a Lawyer Today
Find a Bankruptcy Attorney in your County
Most offer FREE Consultations

Recent Posts about Massachusetts Laws

ForumLast post
I dropped my car off for repairs at a MA mechanic in my town. He had to keep the car for a couple of days to ....
Sorry about the charges, but I think the mechanic is following the law....
2/4/2012 07:03
by WinnD
Hi, there. I'm hoping to find some clarity with a landlord situation I'm currently in. Apologies for the lengt....
Short answer for a long question:  You need to review Massachuset....
2/4/2012 00:02
by klp
This could be posted in another forum as it relates to an estate, but the question really is specific to the d....
2/3/2012 09:35
by dcollins166
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so.  In terms of civil liability (as opposed to cri....
2/3/2012 07:17
by Coller
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
2/2/2012 18:50
by JGraul
I work for a small human services company in central mass as an outreach counselor, and have been employed for....
2/2/2012 11:41
by medic25
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
2/2/2012 08:07
by Sister6
I just got served been divorced since 1999 ex is looking for more support and college expenses, divorce decree....
Hi. Since any matters in the divorce order or agreement relating to th....
2/1/2012 19:16
by customsporty
I recently found out my parents (70 and 69) have not signed up for Mass Health, nor do they have any other hea....
Try starting at the MA Office of Health and Human Services.  Good....
2/1/2012 12:02
by Str8755
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
1/24/2012 11:47
by RRM
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
10/2/2011 18:37
by Anonymous