If I filed chapter 7 and a debtor that was discharged is now renewing the judgement is this legal
3 Answers from Attorneys
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.
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. http://www.absolutebankruptcy.org
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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