10 ANSWERS
In order to discharge a lien one must file a specific motion called a 522f Motion to Determine the Dischargeability of the Judgment liens as being an infringements upon the home equity. In Connecticut you have an exemption of 75,000 of equity in your home residence. If you have less than seventy five thousand dollars of equity after the mortgages on your house and then you also have judgment liens you can file a Motion to strip the liens off of your property that infringe upon your exemption of equity.
Answered on Jun 15th, 2011 at 7:23 AM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
In most circumstances, judgment liens on creditor suits and creditor judgments are "discharged" through bankruptcy. There are some cases in which liens remain.
Answered on Jun 15th, 2011 at 6:51 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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There is a motion procedure to remove judgment liens in bankruptcy. The bankruptcy code authorizes lien removal in section 522 (f). Consult with an attorney to find out the procedures to do this.
Answered on Jun 15th, 2011 at 6:40 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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Not automatically. Your lawyer may be able to have them removed.
Answered on Jun 15th, 2011 at 6:40 AM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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Re: liensno; specific "avoidance" actions are required IF it is possible to remove the liens.
Answered on Jun 15th, 2011 at 6:26 AM
Bankruptcy Law Attorney serving Campbell, CA
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Ellahie Law Firm
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While the personal obligation of the debtor is discharged by the bankruptcy, to the extent the liens attach to any property they stay in place, unless the debtor obtains a court order voiding the liens. This is done if there is an exemption that the debtor is entitled to and is impaired by the lien. Ins uch a case debtor needs to file a Motion to Avoid Judicial liens. Note - This motion does not void tax liens. You should note that liens are really only effective as against property that existed at the time bankruptcy was filed.
Answered on Jun 14th, 2011 at 3:57 PM
Bankruptcy Attorney serving Atlanta, GA
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Saedi Law Group, LLC
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It will depend on the type of lien and if the appropriate motion to avoid that lien has been filed and granted with the court.
Answered on Jun 14th, 2011 at 1:48 PM
Judgments don't go away after bankruptcy the judgment still remains in the court's records. what goes away is the judgment holder's legal right to collect the judgment against you personally. If you had real property at the time the judgment was entered, in Oregon, it automatically becomes a lien on your property. The bankruptcy doesn't automatically make this lien go away. You can "avoid" the lien as part of the bankruptcy process if the real property is your home and its value is less than your equity in the property plus your homestead exemption ($40,000 for individual, $50,000 for spouses jointly owning the property). You have to take additional steps in your bankruptcy case to avoid the judicial lien.
Answered on Jun 14th, 2011 at 11:42 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Judgments go away, but liens do not. A lien is a collection device against property, not you personally, so they remain attached to the property. You may be able to petition the bankruptcy court to strip the liens from the property, however, depending upon your case.
Answered on Jun 14th, 2011 at 10:37 AM
Glen Edward Ashman
Some liens survive bankruptcy. Certain liens, if a proper motion is filed, can remove certain liens. So even if a debt is discharged, some liens may remain. This is one of many reasons you need experienced counsel.
Answered on Jun 14th, 2011 at 10:22 AM