When Your Debtor Files Bankruptcy, there is a chance that Your Judicial Lien on real estate can survive Bankruptcy.
When your debtor files for bankruptcy, a prudent bankruptcy lawyer will seek to avoid the judicial lien that you have on their house arising from a Judgment through the Bankruptcy Court procedure. The debtor takes the position that the judicial lien impairs their homestead exemption and must be stricken and the debt discharged. While the homestead exemption in Massachusetts might be very high, in the current real estate market, there is frequently more equity than a debtor will admit to the Bankruptcy Court in their bankruptcy petition. Cellai Law Offices, P.C., located in Boston MA and Braintree MA, has been successful in challenging bankrupt debtor’s valuation of their homes in defense of a Creditor’s judicial lien surviving bankruptcy. Depending upon your judicial lien debtor’s house location and condition, you could come out of an account debtor’s bankruptcy with your judicial lien partially or totally intact.
If you think that the value of your account debtor’s house exceeds the value of the homestead and superior secured liens, you could quite possible come out the other side of a debtor’s bankruptcy with a surviving valid lien. Recently, Cellai Law Offices, P.C. preserved almost the entire lien of a Judgment creditor on real estate on the North Shore of Boston in Massachusetts because the debtor put a value on his house which was found to be inaccurately low.
Cellai Law Offices understands your commercial debt collection needs. Our experienced and knowledgeable debt collection attorneys, with a proven track record of saving preexisting Judicial Liens on Real Estate in MA when debtors file for Bankruptcy, can help you collect what is yours.
Get paid even if your debtor files for bankruptcy with Cellai Law Offices in Boston MA and Braintree MA. Serving commercial debt collection clients throughout Massachusetts. Call Cellai Law for help with your debt collection clients today.
Author: Carlo Cellai, Esq. 617-367-2199; firstname.lastname@example.org