The question is what kind of judgment. If it is a judgment lien on property you would have to specficially have the Court void the lien. Mere discharge does not eliminate a valid lien. If you didn't own real property at the time of bankruptcy, generally, a judgment lien cannot attach post-filing. There is no need to eliminate this lien because it is void.
The judgment remains as a court record. The credit reporting agencies should report that it has been discharged in bankruptcy. If the bankruptcy remains on your credit report for more than 10 years, you can tell them to remove it.
Bankruptcy. Bankruptcy will not remove a judgment from the debtor's credit report. The judgment will still remain for the required time if it is discharged in bankruptcy, settled or paid in full. Valid judgments remain for the required 7 years. Most judgments are renewable and can be reentered on the debtor's credit report whenever that action is taken.
If the judgment was included in the bankruptcy--many are not--then you take the relevant papers showing that it was paid to the court that issued the judgment. If they consider it paid, then they will issue a receipt to you. Send copies to the credit scoring companies and keep one in your permanent file.
Yes, unless the judgment was a result of fraud. If the judgment creditor has filed a judgment lien against any of your property, you will need to take the additional step of filing a petition under Section 522(f) of the Bankruptcy Code to remove the lien. Be sure to tell your attorney about any liens that you might have against you.
The person wishing to take the action needs to be certain that the debts were actually discharged in the bankruptcy before he or she can take any steps to have the liens lifted. The other issue would be if the property was legally transferred according to the federal or state bankruptcy laws or if it is being challenged as a fraudulent conveyance. If the BK has not been discharged and in most cases closed as well then the liens may still be valid. The best option is to consult with an attorney who is knowledgeable in federal and state bankruptcy matters.
No, a BK does NOT remove negative items in credit reports.
No. The creditor can foreclose on the property (and virtually always do) since that is the way they get your name off of the deed and someone else's name on it. And, during this foreclosure, they will list you as a defendant since you are the property owner until the sheriff sale takes place. But, when the judgment is rendered in the foreclosure, it should be an "in rem" judgment, which means against the property only, and not an "in personam" judgment, which means against you personally. If they do get an in personam judgment against you, it is usually a good idea to notify the court and let them know about the bankruptcy so they remove the in personam judgment.
Write a letter of dispute to the credit repository. Include copies of your drivers license, social security card, utility bill, and your bankruptcy papers showing the referenced account. Ask that the bureau remove all notations other than "included (or discharged) in bankruptcy". Request a complete credit report after the account has been corrected. Repeat, as needed.
You can dispute a bankruptcy to the credit bureaus. This gives them 30 days to verify it with the courthouse that filed it or it must removed from your credit report. This would only be the bankruptcy, not the items included in bankruptcy. You would have to dispute them separately. Answer No, a bankruptcy cannot be removed if you actually had one and it was discharged. Rather, it will "time out" after a set number of years. You can recover some credibility after a couple of years of paying accounts as agreed.
No. What will happen is all the defaulted accounts listed in the bankruptcy will be marked as such.."included in bankruptcy". The credit history, late payments, judgments, etc. will remain the same. In addition to the scenario in the above answer: The bankruptcy filing itself will be listed in the "public records" portion of your credit report. The disposition needs to be listed also (the discharge). The "bad marks" (i.e., the accounts) will show on your credit for 7 years. The bankruptcy listing will show for 7 years for a completed and discharged Chapter 13 bankruptcy and 10 years for a discharged Chapter 7.
You need to get the release from the courts and send it to the credit reporting agency to ask for it to be removed.
You present proof that the repossession never occured. You can dispute it with the credit reporting agency.
They go by when it was filed--not discharged. Legally, the answer is 10 years from filing; however, some credit bureaus remove Chapter 13 after 7 years.
All liens stay on a CR for the required time(usually 7 years). So it cannot be removed unless the time has expired in which case you may need to render a letter of dispute asking it to be taken off the CR. The entry should be noted as "included in bankruptcy".
Tax liens will only be removed after they have been paid, been discharged through bankruptcy or the time to collect (statutes) have expired.
Judgment liens survive a bankruptcy unless you file a motion to remove the liens under section 522(f) of the Bankruptcy Code. Even then, the court can only strip the lien if it interferes with your right to claim the property as exempt. An exemption is the amount of equity in the property that the law allows you to keep in a bankruptcy. In California, the homestead exemption is $75,000 for most married couples. Suppose you have a condo worth $250,000, mortgages that total $200,000 and a judgment lien for $10,000. The judgment lien interferes with the homestead exemption and could be stripped if the proper motion was filed in a chapter 7 bankruptcy.
You cannot have liens or judgments removed unless you write the credit bureaus and give them a copy of your discharged bankruptcy. Some liens and judgments will not need to be paid but will still remain on your credit report.
Your credit score will go down drastically with a bankruptcy reporting on your credit reports. All your items included in bankruptcy will be reporting too. The best thing you can do is try to remove the bankruptcy by disputing it to the credit bureaus. You will also need to dispute everything that is included in bankruptcy. You will also need to pay your bills on time, get a variety of credit and begin a good payment history on your other accounts.
NSF checks and fees can usually be discharged in BK. Refiling? or reopening? Once a BK has been filed,it can sometimes be amended. There will be an additional fees.
Removing Liens and JudgmentsYou can't. By federal law bankruptcies can be reported up to 10 years after filing, assuming a discharge, of all discharged unsecured debts. Liens are secured debts and may or may not have been discharged. Undischarged debts may be reported up to 7 years after your last account activity. You are probably referring to the "Public Records" part of the credit report. In that case you can't. Court cases are a public record, even if its dismissed, unfounded, you win, etc. All the CRAs do is searh for your name in courts across the country. If they find a case, it goes on your credit report along with the type (Judgement Lien, Foreclosure, etc). If you sue someone else, it can show up on your credit report.Here are more opinions and answers from other FAQ Farmers:You cannot remove the lien that was in the bankruptcy, but you can contact each of the repositories, equifax, experie and transunion with a copy of the bankruptcy list of creditors and have them listed on the credit report. This way it will show the creditors being included in the bankruptcy which will show they are no longer open accounts and raise your score.Your bankruptcy attorney should have removed any judgment liens on exempt property during the bankruptcy. This is done by the filing of a Motion to Avoid Judgment Liens or a Motion to Avoid Liens on Exempt Property. If this was not done, most Bankruptcy Courts will allow you to reopen a case to avoid liens. It might be cheaper to pay the lien or negotiate a settlement. Call both the lien holder and your lawyer to determine the cost of either action.
Yes, unless the debt was fraudulent incurred. If the debt was fraudulently incurred, the creditor could file an action objecting to the discharge of that debt. One important thing to remember is that judgment LIENS will survive the bankruptcy unless the debtor files a petition under Section 522 of the bankruptcy code to remove the lien. If you file for bankruptcy, make sure you tell your attorney about any judgments against you so the attorney can investigate whether or not any liens exist.
State statutes govern the execution and/or the lifting of liens against real property. Therefore you will need to consult the laws of your state of residency.
Tax liens will only be removed after they have been paid, been discharged through bankruptcy or the time to collect (statutes) have expired, or an agreed amount has been Paid thru the "Offer in Compromise" program.
A debtor who wishes to reopen a closed bankruptcy case to remove a lien normally has to first file a Motion to Reopen the bankruptcy case with the Bankruptcy Court. The Bankruptcy Court charges a $155.00 fee to do this (as of today's date, 2/25/05). If the debtor hired a lawyer to do this for him or her (highly advisable) then there will also normally be attorneys fees that the debtor has to pay as well. Once the case is reopened by the Court, the debtor (or more likely his or her attorney) then has to file a Motion to Avoid Judgment Lien pursuant to 11 U.S.C. 522(f)(1). It should be noted that NOT all judgment liens can be avoided by 522(f), only those that "impair an exemption of the debtor" pursuant to 11 U.S.C. 522(f)(2). One should speak to attorney about this. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.