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I have a civil judgement against a defendant and learned that he filed Chapter 13.
13 ANSWERS
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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It depends on a number of things - like was a certified copy recorded in the land records and was it also filed with the Florida Secretary of State? If both were done, then one must consider whether the debtor has anything to which the judgment might attach such as real property, not a homestead, with equity. Or personal property valued above the allowed exemptions, but not including items for which you need to have a secured claim notated on the title, like a vehicle. This is a question where the answer may be a difficult, time-consuming one.
Answered on May 10th, 2013 at 10:05 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Not with just a civil judgment. A secured creditor has a lien on a house (by mortgage or deed of trust) or a car (DMV lien).
Answered on May 10th, 2013 at 10:05 AM
You are a secured creditor only if the defendant owns real estate and you recorded your judgment with the county recorder's office so you have a judgment lien on their property. If not, you are unsecured creditor of his.
Answered on May 10th, 2013 at 10:05 AM
No.
Answered on May 10th, 2013 at 7:07 AM
Deborah F. Bowinski
Unless you recorded a transcript of judgment as a lien against property you are an unsecured creditor. You should file your proof of claim with the bankruptcy court as instructed in order to receive some payment toward your claim.
Answered on May 10th, 2013 at 6:54 AM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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In Minnesota, a judgment is a lien against any real estate that the debtor owns in the same county as the judgment is enrolled in. However, the judgement lien is avoidable against exempt property, such as a homestead. In that case, you are treated as an unsecured creditor.
Answered on May 10th, 2013 at 6:30 AM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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Much depends on your original documents. What did the debtor sign, and was there anything recorded to show a security interest in some property? You will need to bring all of your documentation to a bankruptcy attorney to make that determination, and to advise you on what to do to protect your rights as a creditor.
Answered on May 10th, 2013 at 6:29 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, a judgment creditor is not a secured creditor.
Answered on May 10th, 2013 at 5:52 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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While judgments are liens against property, the lien often can be avoided in bankruptcy. The debt would then be treated as unsecured. Unless you had a security agreement or mortgage before the judgment, the debt would likely be treated as unsecured. See an attorney to be sure.
Answered on May 10th, 2013 at 5:23 AM
Corporate Law Attorney serving Billings, MT
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Oliver & Associates, P.C.
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Your civil judgment is a lien on any real property that the debtor owns if the judgment is in the same county as any real property of the debtor. If the property is the debtors homestead, your lien can be avoided. Otherwise, the lien will be considered a secured debt if there is any equity in the property.
Answered on May 10th, 2013 at 5:19 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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From the information provided No.
Answered on May 10th, 2013 at 5:19 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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No, unless you filed a lien against some property with equity and beyond their potential homestead exemption. Most chances, you are not secured.
Answered on May 10th, 2013 at 5:12 AM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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Did you file an abstract of judgment? In any event, I would DEFINITELY file a proof of your claim! I think that you can find a bankruptcy counsel to do this stuff for you relatively cheap and you won't have to hassle with the details.
Answered on May 10th, 2013 at 4:16 AM