We filed bankruptcy in 2004. Our lawyer did not file a motion to avoid property lien and we just found out that one of the credit cards put a lien on our property. If we reopen the case to file the motion, will it make it a current bankruptcy case?
-- Anonymous
A.
A reopened case is the same case, with the same case number as it had originally. It is not a new bankruptcy. The court simply retains jurisdiction to revisit a case to make such orders as might have been entered when the case was first filed.
As to the avoidance action, a lawyer would have little reason to file such a motion unless the client lists the judgment lien or the pending litigation in the information provided to the lawyer.
The other way liens come to light is if a title report on the property is obtained. Since that is an additional expense, it is not usually part of the filing process.
