Legal Question in Bankruptcy in California

Removing an involuntary lien during bankruptcy

A collection agency got a default judgement against me for unpaid unsecured credit card loans. They then filed an involuntary lien against me. Will a Chapter 7 bankruptcy remove the judgment AND lien against me? My only income is Social Security Disibility so they have been unable to collect. This happened in 2005.


Asked on 5/02/08, 10:41 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Removing an involuntary lien during bankruptcy

If you receive a chapter 7 discharge, the discharge voids the judgment but does not automatically remove the judgment lien. If the judgment lien impairs an exemption that you would otherwise be entitled to claim, you can file a motion to remove the lien under Section 522(f) of the Bankruptcy Code. You should consult a local bankruptcy attorney for further assistance.

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Answered on 5/02/08, 11:56 pm


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