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I am a senior citizen with outstanding credit card debt. If I choose to file bankruptcy will judgements and/or lien go away?
8 ANSWERS
Bankruptcy Law Attorney serving Campbell, CA
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Ellahie Law Firm
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If you have no assets (or have assets less than the allowable amount) then all debts should be wiped out. As to liens they hang around unless you get a court order voiding them. Even while they hang around the creditor cannot collect from you personally and the only assets they have the lien on are the ones you had at the time you filed bankruptcy. Judicial liens can also be voided if the impair your assets.
Answered on Jun 15th, 2011 at 7:36 AM
Bankruptcy removes MOST types of collection lawsuits/judgments/debts.
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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Judgment liens require a motion to avoid lien under section 522 (f) to be removed in a bankruptcy. Consult an attorney as to the procedure to do this.
Answered on Jun 15th, 2011 at 6:46 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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You can ask your lawyer to have the judgments and liens be removed, but they aren't removed automatically with bankruptcy.
Answered on Jun 15th, 2011 at 6:38 AM
Bankruptcy Attorney serving Atlanta, GA
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Saedi Law Group, LLC
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That will depend on the equity you have in your home and if it is completely exempted under your state law exemptions. If it is then yes your judgments can be avoided and removed in your case.
Answered on Jun 14th, 2011 at 1:48 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Most of your debts should be discharged through bankruptcy. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answered on Jun 14th, 2011 at 10:18 AM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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The judgments should go away if the debt is dischargeable (as most are) but the liens, if related to judicial judgments for dischargeable debts, require the filing of a motion to avoid each lien.
Answered on Jun 14th, 2011 at 10:16 AM
Glen Edward Ashman
Bankruptcy, if you qualify, eliminates most debts and judgments. I'd have to see your detailed information to tell you any other pros and cons in your case.
Answered on Jun 14th, 2011 at 10:16 AM