If I file bankruptcy and the lien stays, will it attach to my future home?

The lien on your previous property is no longer valid. The holder of the judgment may ask your employer to garnish your wages. If you buy a home in the future and the debt is not paid, the holder of the judgment place a new lien on your new property.

No, it will not attach. You should definitely speak with the lien holder and let them know about the bankruptcy so that they can remove it.

If you file a Chapter 7, you can send a bankruptcy notice to the Register of Deeds office where the lien is recorded and have it removed upon Discharge. If the Register of Deeds clerk refuses to do that, you can file a Motion with the bankruptcy court to have it removed.

It is possible to strip the lien with a motion filed in bankruptcy court. If your motion is granted, you will discharge the debt and strip the lien.

You will probably want to avoid the judicial lien as part of your bankruptcy. But, you really need to talk to a competent bankruptcy attorney licensed where you live. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.

A lien isn't supposed to attach to property you obtain in the future but I have seen this happen and had to bring a lawsuit for a declaratory judgment to get rid of it. A smarter way to handle this would be to have the creditor release the lien before you buy any real estate.

The pre petition (pre bankruptcy) lien will not attach to post petition (post bankruptcy) assets assuming you obtain a bankruptcy discharge.