Results 1 to 8 of 8
  1. #1
    Join Date
    Mar 2013
    Posts
    4

    Default Judgement Lien Found 7 Years After Discharge

    My question involves bankruptcy in the state of: New Mexico

    We filed pro se Chapter 7 Oct 2005, discharged Feb 2006 There were judgements on 3 different credit card accounts that were included on Schedule F and listed on statement of Financial Affairs page 2 #4a: Suits and.. et al.

    We have recently applied to refinance the real estate property that we kept during the bankruptcy (we did not reaffirm, we just kept making the payments on our home). A lien is showing up in the title/escrow search and we were told we must 'avoid the lien' and I need instruction how to do this.

    I appreciate any direction to help me with this process. Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Judgement Lien Found 7 Years After Discharge

    The judgment lien was filed against the real estate before or after the discharge?

  3. #3
    Join Date
    Mar 2013
    Posts
    4

    Default Re: Judgement Lien Found 7 Years After Discharge

    Quote Quoting Mr. Knowitall
    View Post
    The judgment lien was filed against the real estate before or after the discharge?
    It was filed before the discharge and it was included on schedule f and financial statement of BK docs

  4. #4
    Join Date
    Dec 2008
    Location
    Calif
    Posts
    289

    Default Re: Judgement Lien Found 7 Years After Discharge

    The lien remains of record until it is specifically removed, and removal does not automatically happen. It will take extra steps, how many extra depending on the creditor and how many hoops they want to make the debtor jump through.

  5. #5
    Join Date
    Mar 2013
    Posts
    4

    Default Re: Judgement Lien Found 7 Years After Discharge

    OK..guess now I need to research how to initiate a settlement with them...not enough funds to cover the whole amount, thanks for the input!

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Judgement Lien Found 7 Years After Discharge

    Quote Quoting desertoasis
    View Post
    It was filed before the discharge and it was included on schedule f and financial statement of BK docs
    Should we infer that you treated this as a valid, secured lien, and as such it survived the bankruptcy? No hearings on the lien in bankruptcy court, or ruling that it was not perfected prior to your filing? If that's the case, the lien would not be discharged.

  7. #7
    Join Date
    Mar 2013
    Posts
    4

    Default Re: Judgement Lien Found 7 Years After Discharge

    No this was a credit card default judgment, and it was included in the Bankruptcy, (I actually knew of the judgment, just did NOT realize it had been filed as a real estate lien) but apparently a step to avoid lien during the bankruptcy should have been filed? But I have info that in some jurisdictions you can go into state court and have the judgment satisfied based on your bankruptcy discharge. Trying to determine if this applies to New Mexico.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Judgement Lien Found 7 Years After Discharge

    A lien is not 'just' a judgment. A lien secures the judgment against an asset. We don't have enough facts to state whether or not the lien is valid, or if it might have been avoided in the bankruptcy; you can investigate the former issue by examining the relevant court proceedings and the procedures followed by the judgment creditor, and can discuss the specifics of your bankruptcy with a bankruptcy lawyer if you're not clear on the scope or effect of your discharge.

    1. Sponsored Links
       

Similar Threads

  1. Repossession: The Release of a Title Lien by a Dealership That Obtained a Judgement Lien Against Me
    By lillybelle in forum Cars and Dealerships
    Replies: 3
    Last Post: 01-12-2013, 05:43 PM
  2. Chapter 7: Auto Lien and Repossession After Discharge
    By immatator67 in forum Bankruptcy Law
    Replies: 4
    Last Post: 03-03-2010, 04:05 PM
  3. Chapter 7: IRS Tax Lien After Chapter 7 Discharge
    By Dogmatique in forum Bankruptcy Law
    Replies: 4
    Last Post: 02-02-2010, 02:30 PM
  4. Chapter 7: Can You Discharge an Attorney's Lien on the Proceeds of a Divorce
    By speedlabel in forum Bankruptcy Law
    Replies: 5
    Last Post: 10-26-2007, 02:05 PM
  5. Chapter 13: Release of lien after discharge
    By cobbrudyj in forum Bankruptcy Law
    Replies: 5
    Last Post: 09-08-2006, 09:35 AM
 
 
Sponsored Links

Legal Help, Information and Resources