QUESTION

What power does a renewed judgement have after bankruptcy?

Asked on Nov 30th, 2012 on Bankruptcy - Arizona
More details to this question:
Debt was discharged in bankruptcy many years ago. I recently discovered the renewed judgement for same debt. (I never got notice since notice was sent to old address). Should I file motion explaining debt was discharged or leave it alone? Is there any way to get this judgement taken off court record or will this be active for 12 more years? I was told they can't collect.
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11 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You need to actually speak with an attorney about this problem.
Answered on Apr 14th, 2013 at 8:19 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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I would fight it tooth and nail.
Answered on Apr 14th, 2013 at 8:18 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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An old judgment that was recorded became a lien, affecting the title to any property you own. You may wish to reopen your bankruptcy case and apply to have the judgment lien avoided, but this will be a complex, fairly expensive and technical process. It might be less expensive to contact the creditor & make a settlement offer. Although bankruptcy discharged your personal responsibility to pay this debt, if this judgment is a lien against property you own, the lien will impact your ability to sell or refinance this property.
Answered on Nov 30th, 2012 at 4:35 PM

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Construction Litigation Attorney serving Mission Viejo, CA at Law Office of Christian F. Paul
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A judgment is good for 10 years (not 12) after entry, unless renewed. The renewed judgment amount can include all interest and certain costs accruing since the last renewal, so at 10% per annum, it doubles every 10 years. If the judgment was discharged in yourbankruptcy, then the judgment creditor had no right to renew it as against you personally.? (Is that what you mean by saying you were told they can't collect?). However, if you owned real property, and if the judgment creditor recorded an abstract of judgment in the county where the property was situated before you filed your bankruptcy petition, then your property had a judgment lien against it as of the date you filed. A lien against property "rides through" bankruptcy unless the debtor or the trustee does something to "scrape off" the lien.So, if all the "ifs" above are satisfied, you may not personally owe the debt anymore, but the judgment is still attached to your property as a judgment lien. That means that the judgment creditor could try to have the property sold to satisfy the lien, or just wait until you sell or refinance the property and then claim the amount due. With so little information to go on, and a number of possible "ifs" including the ones mentioned and maybe many more, it is not possible to give you a very complete answer, as you can see. You should visit a local attorney with whatever papers you have in connection with this judgment and your bankruptcy and any real property that might be involved, and see what he or she says.
Answered on Nov 30th, 2012 at 4:35 PM

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Bankruptcy Attorney serving Plantation, FL at Moffa & Breuer, PLLC
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You should consult with your bankruptcy attorney. It sounds like they might not have received notice of your bankruptcy case and that may need to be addressed by your attorney.
Answered on Nov 30th, 2012 at 1:23 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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IF this debt was listed and discharged you should have the right, and in fact should compel, the renewed judgment be dismissed and removed from your record.
Answered on Nov 30th, 2012 at 1:23 PM

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Business Litigation Attorney serving Orange, CA at Law Offices of Frank Granato
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You may be able to file a motion in bankruptcy court to have the lien removed; however, you will have to reopen the bankruptcy case.
Answered on Nov 30th, 2012 at 1:22 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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File the motion.
Answered on Nov 30th, 2012 at 1:21 PM

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Chapter 7 Bankruptcy Attorney serving Milwaukee, WI at Law Offices of Deborah A. Stencel
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In Wisconsin, you can file a motion with the court to have the judgment satisfied due to bankruptcy. There are forms available online. You will need a copy of your discharge papers and possibly a copy of the schedules showing the debt was listed. Additionally, there is a filing fee ($5.00). You could seek out a bankruptcy attorney to help you with this. It is possible that renewing the judgment violated the discharge injunction of your bankruptcy and you could possibly recover sanctions from the creditor for improper acts. Whether the behavior was sanctionable is fact-specific so you need to see an attorney to talk about the facts and review the paperwork.
Answered on Nov 30th, 2012 at 1:19 PM

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Bankruptcy Chapter 7 Attorney serving Akron, OH at Alexander R. Folk, Attorney at Law
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Send the matter to your bankruptcy attorney. That is why you hired them.
Answered on Nov 30th, 2012 at 1:18 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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File a motion to avoid judicial lien and record the judgment.
Answered on Nov 30th, 2012 at 1:18 PM

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