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If you file chapter 7 bankruptcy and are discharged can a creditor later put a judgment against you for a mortgage on property you surrendered to them when you filed the bankruptcy?

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2015-07-16 18:15:25
2015-07-16 18:15:25

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.

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Related Questions


No, debts, liens, judgments incurred after a bankruptcy has been filed cannot be included and therefore cannot be discharged in the BK proceedings.AnswerI was informed that if you had included this creditor in your bankruptcy, which was discharged, the creditor should have stoped all actions towards obtaining a judgment against you. I believe this judgment can be discharged by filing a discharge request with the court administrator and only then removed from the credit report. However, if you did not list this creditor on your bankruptcy, then it will prevail. Call the court administrator.

The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.

No, once a judgment is discharged it goes away and can not be reinstated. Any creditor that goes after a debt that has been discharged can be fined or sanctioned by the court.

As a creditor you cannot stop bankruptcy proceedings on anything. You can, however, file an objection in BK Court to why the debt to you shouldn't be discharged.

If there is a judgment AGAINST you for fraud, then NO, such a judgment WILL NOT be discharged.

Not if the debt was discharged in the bankruptcy. If the judgment was on the credit report before the bankruptcy was filed and/or was discharged in the bankruptcy, the entry will still remain on the CR for seven years.

If the bankruptcy is discharged you are no longer responsible for the debt.

Bankruptcy does not void the judgment. It simply makes it noncollectable because it was discharged in the bankruptcy like any other debt.

In most cases, no. If the debt was discharged in your bankruptcy, the creditor cannot attach a lien on property after your case is file. If the debt is non-dischargeable (i.e. tax debt, fraud, etc.) then the creditor can attach a lien until the judgment amount is satisfied.

No. Court judgments can NOT be discharged in bankruptcy.

This really depends on whether the judgment is a dischargeable debt in bankruptcy. There are some debts that you cannot eliminate in bankruptcy and they will continue to exist after the bankruptcy. Generally judgments from credit cards, medical bills or personal loans can be discharged but they can become non dischargeable if the creditor claims fraud or misrepresentation within the bankruptcy.

There is something amiss here, a debt that is discharged in bankruptcy is no longer collectible. Therefore a lawsuit could not be filed and won nor a judgment awarded to the plaintiff pertaining to such a debt. The involved party should contact the attorney that handled the bankruptcy and have the judgment voided if it is indeed invalid. It would be advisable to acertain if the debt was discharged rather than excluded from the bankruptcy or perhaps sold previous to the filing of the petition.

To avoid paying the judgment??? No. Court-ordered judgments are not discharged in bankruptcy.

The judgment would have to be presented to the bankruptcy court. Wow! Who mentioned bankruptcy? This is a money judgment against a admin dissolved corp. If bankruptcy had been filed the judgment, if listed, would be discharged and worthless.

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.

Yes. Some judgments can be discharged in bankruptcy. Judgments that have been perfected into property liens cannot as the judgment holder becomes a secured property creditor. Judgments awarded in conjunction with personal injury or property damage caused by negligence are generally not dischargeable.

It depends on whether that creditor was listed on Schedule F at the time of the filing. The filing of Bankruptcy (BK) doesn't in itself wipe out the debt: that debt must be listed on the list of creditors. If a debt was discharged under BK then the creditor(s) on the list of discharged debts cannot take any action against the Debtor: IT'S GONE FOR GOOD! That's what BK is for-- to give a fresh start. If the creditor was such at the time of filing and the debtor forgot to include that creditor on the list, he may be able to later add it on and have that debt also discharged. Now, if the debtor has since incurred a debt after the BK was discharged then that creditor can take action against the debtor.

If the debt that you were sued over, or the judgment itself was included in your bankruptcy, you only need send a copy of your bankruptcy papers to the credit reporting agencies. The judgment will not "come off", but it should get marked "included in bankruptcy" or "discharged through bankruptcy".

If a judgment was included in, and discharged by, your bankruptcy; there is no need to obtain a separate disposition. Write the credit bureaus and send a copy of your bankruptcy papers which show this judgment included. That should suffice to have the judgment removed from your report and the original tradeline from the debt marked "included in BK". Talk with an attorney or go to a bank that has a notary service.

Following your supposition, if he had a lien then he wasn't an unsecured creditor, and if only unsecured were discharged, he wasn't.

Yes, but the judgment may not be discharged in BK without compensation.

A collection agency, or any party, can only freeze your bank account IF they have sued your first and won a judgment against you. If you file for bankruptcy, it will not immediately release the levy on the account. The court that rendered the judgment must be notified of the bankruptcy filing, as well as the judgment creditor. The account could remain frozen until the outcome of your bankruptcy. If your bankruptcy, and the judgment debt is discharged, then the bank account must be released. It is possible to release a levy before discharge, but it will usually require the bankruptcy attorney to do it.

A judgment is final and does not change. The creditor was awarded and filing bankruptcy is a different issue. Also state laws vary. A petition in bankruptcy lists the debtor's assets, liabilities, and debts so that a realistic arrangement for the payment of creditors can be devised.


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