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Most of the online literature and case law appears to indicate "NO". After some thought about the fact that judgment liens can be discharged in a bankruptcy (though it's not automatic) by filing an adversary action seeking an order stripping the lien from an asset otherwise shielded under the exemption schedule, but NOT purchase liens (mortgage, secured auto loan, etc) it would seem an attorney's lien against the proceeds of a tort are tantamount to a purchase lien. i.e. The attorney PRODUCED the asset via his/her work product. Obviously the lien CAN be stripped (as can any lien) if the asset has less value than any portion of the lien, say the IRS is 1st in line, for example.
If any competent bankruptcy attorney has a different opinion, please cite the case law, federal code, etc.
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∙ 10y ago
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What happens to a judgment lien in a bankruptcy?
If the bankruptcy is discharged you are no longer responsible for the debt.
Why is a judgment lien still on the title after a discharged Bankruptcy?
Generally, judgements survive bankruptcy.
Can a repo company come repo a mower 1 year after your bankruptcy?
Yes if there was a lien on it. If your bankruptcy was discharged, it simply discharged the debt, not the collateral.
If your bankruptcy has been discharged but your house is still in your name do you still have to pay back taxes?
A bankruptcy is not discharged. Debts are discharged. Real estate taxes are a lien on the real estate and would not usually be discharged. Talk to your bankruptcy layer.
Can my attorney's fees be placed on my bankruptcy?
Bankruptcy attorneys will collect all money due to them prior to them filing the bankruptcy case in court because uncollected fees will be discharged. If you're talking about unpaid attorney's fees for other legal matters, they will be discharged, unless the attorney has had you sign a lien on real estate or other collateral which has been perfected as required by state law.
After a Chapter 7 bankruptcy can a previous lender attach a lien to a new property purchased?
Not if the debt was officially discharged in the bankruptcy.
How do you have lien removed from property after bankruptcy and person has died?
If the lien is a mortgage or a tax lien, the bankruptcy may not have discharged the debt, and the estate would have to be probated. The estate may be bankrupt, and there is usually a state procedure for estate bankruptcy. Federal bankruptcy does not apply. Consult a local attorney experienced in estates.
Can the IRS come after you when the taxes were discharged in a Chapter 7 two years later?
The question is NOT whether taxes are dischargeable in a bankruptcy. The question that has been asked is whether the IRS can still pursue you for taxes that were discharged in a bankruptcy (which would obviously confirm that some taxes are dischargeable in specific circumstances).If your taxes were discharged in a bankruptcy, the IRS cannot come after you for those taxes after the bankruptcy has been discharged. If they are doing so, they probably did not enter them as discharged correctly on their computer system.To correct this, you should call IRS collections and explain to them that the taxes should have been discharged in your bankruptcy. Ask them to send a referral to the IRS Insolvency Unit, and the Insolvency Unit will be able to pull the bankruptcy records and confirm what should have been discharged.Note that any liens that were filed before the bankruptcy will survive the discharge process. So, although the IRS debt has been discharged a lien may continue to exist. This lien only attaches to equity that was exempted in the bankruptcy process (so if you had $20,000 of equity in your home that you exempted under bankruptcy homestead exemption, the lien continues to attach to that equity). It does NOT attach to any equity that builds in your assets after the filing of your bankruptcy petition.
Can second mortgage lien holder foreclose on your home after bankruptcy is closed?
The short answer is yes they can because once the bankruptcy is discharged you no longer are protected for debtors who wish to collect on a debt.
If a bankruptcy has been discharged but still reflects as pending on the title insurance policy due to the fact the trustee needs to close out will that affect the new lender's lien position?
It won't affect the lender's lien position but their policy. Most lenders won't close the loan if the bankruptcy has not been discharged. If you have been given the discharged paper, you can give a copy of it to the lender and the title company so that they have it in their records.
Can judgments be discharged in bankruptcy?
Perhaps, many judgments can be discharged in bankruptcy. The ones which are allowable are determined by state and/or federal laws, depending on the type of bankruptcy chosen. Understanding that if it gets removed it is because it was included and settled/discharged as part of the BK, generally by using the asset it is secured to, or other assets...it isn't just file BK and the lien/debt goes away.
Will filing a bankruptcy remove a judgment on credit report?
Yes, if it is not a perfected lien against real property and the debt was discharged in the bankruptcy.
