can credit card companies put a lien on my house and car? with chapter 7 will i be able to include my judgement so i dont have to be responsible?
Asked on Sep 30th, 2011 on Bankruptcy - Pennsylvania
More details to this question:
i live in pa and i owe $42,000 in credit card debt, my car is paid off and is worth $6,000, i have personal property such as clothing and furniture, and i own a home that is curently in foreclosure for almost a year now that i don''t live in . i have no other stocks, cash, pension, or trust funds. i am unable to pay now cause i am going through a divorce, on ssdi and work only 15 hours a week. my divorce papers will be going to the judge within the next week or two being my husband and i signed off. i will be giving my husband the house and the agreement is he is to refinance within 120 days. he is in the process of doing a loan modification to save the house without using my info and the divorce papers will allow him to use just his info. he is to refiance so my name is off the house within the 120 days. i currently have one judgement against me from a credit card company which is now being handled by a lawyer in nj. the judgement is for $15,000 plus legal fees and court fee
Any creditor can obtain a judgment in court and then place a lien against any assets you have. The underlying debt can usually be discharged in a Chapter 7 case (unless it was incurred through fraud or any of the other bases for non-dischargeability are present). Liens will remain against whatever property you have an interest in on the date your case is filed, unless you separately file a Motion to Avoid the Lien in the Chapter 7 case. That Motion will enable you to get rid of the lien IF the lien is impairing an exemption that you are entitled to under applicable law.
Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections. Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.
You need to check with an attorney in your area to advise you on whether or not you'd be able to remove any such liens in a Chapter 7 case.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
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