QUESTION
Can I get a lien discharged if I file for bankruptcy?
Asked on May 03rd, 2011 on Bankruptcy - California
More details to this question:
I have a personal judgment filed against me from my brother for a loan. I am now unemployed. Can I file bankruptcy and get judgment released?
9 ANSWERS
Yes, most judgment liens can be removed and discharged in bankruptcy.
Answered on May 06th, 2011 at 8:54 AM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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Probably, you need to file a motion in the bankruptcy court.
Answered on May 05th, 2011 at 9:52 AM
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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That depends on what the judgment is for. There are certain obligations that are nondischargeable and a free consultation with a competent bankruptcy lawyer may get you the answers you seek.
Answered on May 05th, 2011 at 9:42 AM
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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Yes, once you file bankruptcy, the judgment will be dismissed as a result.
Answered on May 05th, 2011 at 8:58 AM
You may not know it, but there are actually two questions here.
1) Judgments are always released in discharge, unless they are specifically denied discharge due to fraud, waste, etc.
2) Involuntary liens on real property also may be removed in a Chapter 7 filing, but there is additional work in different motion that must be done to avoid those liens. See 11 U.S.C. 522(f)(1).
Answered on May 05th, 2011 at 8:41 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Under section 522(f) of the bankruptcy code a judgment lien can be avoided. It requires a special motion in a bankruptcy case.
Answered on May 04th, 2011 at 11:45 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If you file for bankruptcy, and a discharge is granted, then the judgment against you personally will be dissolved. If you are in my area and are looking for an attorney, contact me for a free consultation.
Answered on May 04th, 2011 at 11:43 AM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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The judgment will be discharged in bankruptcy. If an abstract of judgment was recorded with the County Recorder's Office then the lien may be voided by filing a motion with the court in many cases. This gets a little complicated so you need to ask your attorney in the case for the details and to see if you can have the lien declared void. It might not even be necessary (or possible) if you do not own real estate when you file for bankruptcy.
Answered on May 04th, 2011 at 11:11 AM
Yes, but you should understand that a judgment and a lien are not the same thing. A judgment is an unsecured debt unless steps have been taken by the judgment creditor to cause the judgment to be secured. On way to secure a judgment is to abstract the judgment and record the abstract of judgment in the county in which the judgment debtor (you) owns real property. If a certain amount of time passes after recording the judgment will be treated as secured rather than unsecured for purposes of bankruptcy. If the judgment is secured, additional steps are required to avoid the lien in bankruptcy. If you don't have a lawyer, strongly consider getting one. It will be money well spent!
Answered on May 04th, 2011 at 11:06 AM