Legal Question in Bankruptcy in California

Judgements

Can Judgements be removed in a bankruptcy?


Asked on 12/10/08, 6:08 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Judgements

Judgments can be discharged in bankruptcy, depending upon what they are for, and the chapter of bankruptcy relief you are filing for. If you have a judgment lien against your property, then it is not a simple matter of filing bankruptcy to discharge the obligation and remove the lien. If the judgment has been reduced to a lien, and that lien has attached to property you own, then you really need to consult with an attorney as to whether or not you can remove the lien and discharge the obligation.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 12/10/08, 6:22 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Judgements

The response by Mr. Gibbs is 100% correct. If you need the assistance of a local attorney, please contact me for a free consultation.

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Answered on 12/10/08, 6:26 pm
Brian Whitaker Lifeline Legal, LLP

Re: Judgements

If the judgment is for a debt that would normally be dischargeable, then the obligation on the judgment is discharged along with all your other dischargeable debts. If the judgment has been recorded, though, then it has become a lien which can remain after the BK ... unless you pay your attorney a little more to "avoid" the lien (which is a fairly simple process)

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Answered on 12/10/08, 6:38 pm


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