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If the bankruptcy is discharged you are no longer responsible for the debt.
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∙ 14y ago
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Why is a judgment lien still on the title after a discharged Bankruptcy?
Generally, judgements survive bankruptcy.
Who can file a lien on property after a bankruptcy discharge?
No one. Liens can only arise on valid debts. They can be statutory (such as a mechanics lien) or judicial ( a judgment lien). However, bankruptcy discharges the underlying debt, unless the debt was one not subject to discharge (such as taxes of a student loan). These creditors can pursue these debts, receive a judgment and enforce collection through a judgment lien.
Will bankruptcy get rid of a judgment?
Yes, but if the judment has been secured (meaning the creditor has put a lien on the property) then the lien survives the BK, unless there is a motion to avoid a lien.
If a judgment was included in a bankruptcy can it be a lien against land purchased ten years later?
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.
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.
How long should you wait after you get your lawsuit to file bankruptcy?
Winning a lawsuit will have no impact on your ability to file for Chapter 7 bankruptcy. If you are a judgment creditor, the judgment might become an asset of the bankruptcy estate and the bankruptcy trust might choose to sell the judgment or enforce the judgment for the benefit of your creditors.. if someone files bankruptcy on as credit card does that a third party has charged on and the debt is cleared dose the third party continue paying for a debt that is no longer there
How do you remove a judgment that was included in a discharged bankruptcy?
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.
What is a civil lien and how does it affect the sale of a home?
a civil lien can be put on property for nonpayment of any liabilities owed,but only after a judgment from a lawsuit ordered by the judge to pay. you can resolve the lien by paying the judgment in full or filing for bankruptcy. the civil lien will last for 10 years & can be renewed. if lien is in place during ownership of property, lien will be satisfied up sale of house in escrow.
Can a judgment lien be constructive or voluntary or general or specified. What?
A judgment lien is an involuntary lien.
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.
Can credit card debt put a lien on your taxes?
Yes, if the creditor obtains a judgment lien in court.Yes, if the creditor obtains a judgment lien in court.Yes, if the creditor obtains a judgment lien in court.Yes, if the creditor obtains a judgment lien in court.
Can you garnish your daughter's wages on a cosigned loan?
You would need to sue her in court and obtain a judgment lien. You could use that judgment lien to garnish her wages.You would need to sue her in court and obtain a judgment lien. You could use that judgment lien to garnish her wages.You would need to sue her in court and obtain a judgment lien. You could use that judgment lien to garnish her wages.You would need to sue her in court and obtain a judgment lien. You could use that judgment lien to garnish her wages.
