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What form is required in Washington state to remove judgment liens on property when filing Chapter 7?
Wiki User
∙ 19y ago
I don't know anything about Washington state in particular, but the Bankruptcy Code says that a judgment lien is avoided by the filing of a Motion to Avoid Judgment Lien pursuant to 11 U.S.C. 522(f). Certain criteria must be met before the Motion to Avoid Judgment Lien can prevail, such as the lien has to impair an exempton of the debtor. Here is a link to a website that shows the form as we use it in Indiana, though the Court in Washington State may have their own form they prefer: http://www.insb.uscourts.gov/WebForms/00SampleFormIndex1.pdf Go to Sample Form 3 on this link and it takes you to the Indiana version, which may be acceptable in any State (I don't know). 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.
Wiki User
∙ 19y ago
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If you had a judgment against you and you put it on your Chapter 7 can they keep a judgment on your credit after you are discharged from your Ch 7?
Yes. If the judgment resulted in a lien against property. Even though the judgment will be discharged in the BK. The lien will remain on the property and the item will remain on the CR. Due to the negative effect of a BK, the additional notice of a judgment, is rather insignificant.
If a motion was not filed in a chapter 7 bankruptcy but the debt was charged off can the judgment be transferred when buying new property?
Bankrutpcy doesn't erase debt. It just renders it nonrecourse as to the debtor. I'm not sure what motion you are referring to, but the judgment should not attach to new property acquired.
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?
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.
Will a lawyer settle on a judgment that is 4 years old and already included in a chapter 7 and released and remove a lien on your property and if so what should you offer?
The judgment and the lien may reflect two different debts. Normally you cannot include a judgment in a bankrupcy or amend the amount to be paid since it is a court ordered payment to be made. You need to pay the court and get a paid receipt for the judgment. The payment of the lien would be reflected in a release of the lien for that property.
Where is the Apt Washington Chapter Incorporated in Washington Dc located?
The address of the Apt Washington Chapter Incorporated is: Po Box 7798, Washington Dc, DC 20044-7798
Can a judgment be made on a person who has filed chapter 7 bankruptcy?
yes
What is the painting the 'Last judgment' based on?
The Bible Book of Revelation, chapter 20.
Does bankruptcy attorney keep rental property income?
The answer to this question depends on whether you are filing Chapter 7 or Chapter 13 bankruptcy. In Chapter 7 bankruptcy, if the rental property has equity, meaning that the value of the property exceeds what is owed on the property, the trustee would almost definitely seize property and sell it to satisfy some or all of your unsecured debts.
Can a small claims court judgment be discharged in a chapter 7 bankruptcy?
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.
If judgment goes to bankruptcy will it be removed?
If a judgment goes in the bankruptcy, it can be removed. The person who the judgment was for, has the right to request that it still be paid. In most Chapter 7 situations, the judge will decide in favor of the debtor.
Can a collector collect on a judgment after dismissal of a Chapter 13?
Dismissal yes, Discharge, probably not.
Can you file a chapter 7 bankruptcy if a lender files a personal judgment for deficiency?
Yes
