Legal Question in Bankruptcy in Georgia

If I filed chapter 7 and a debtor that was discharged is now renewing the judgement is this legal

Asked on 7/02/13, 10:32 am

3 Answers from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

It depends on whether or not a motion to avoid the judgment was filed and granted in the bankruptcy case. If not, while they cannot attempt to collect on the amount without violating the discharge order, the lien is still valid and they can renew it. You should check with your attorney to see if these things were done.

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Answered on 7/02/13, 11:24 am
Charles Andersen Charles Andersen, Atty

No. But remember their's a difference between renewing a judgment and renewing a lien from a judgment that was unavoided or unvoidable in the bankruptcy.

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Answered on 7/02/13, 11:25 am
Glen Ashman Ashman Law Office

If they are renewing a lien you did not avoid, it's probably legal. If they are seeking to collect a judgment that is different. Which is it that they are doing?

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Answered on 7/02/13, 4:15 pm

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