Legal Question in Credit and Debt Law in New Jersey
Lien after bankruptcy
I incured a debt in 1996 which became a judgment and then a lien against my home. In 1997 I declared bankruptcy and lost all my possessions including my house. In 2001 I purchesed a new home and this year I tried to refinance my home only to find out that the judgment and that was included in my bankruptcy was still showing up but now attached to my current home.
My question is since this debt was included in my bankruptcy can this creditor place a lien on property that was purchesed after my bankruptcy was discharged and say it is the same lien?
2 Answers from Attorneys
Re: Lien after bankruptcy
Generally, filing for bankruptcy extinguishes the right to collect on the judgment but does not extinguish the judgment. Depending on all the facts of your case, you may be able to file a motion with the court to discharge and cancel the judgment/lien.
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Re: Lien after bankruptcy
You need to retain and consult with an attorney.
You do not provide enough facts to give you a complete response.
Many, if not most, unsecured debts are dischargeable in bankruptcy, if properly listed. However, if not properly listed, a debt may not be regarded as discharged. Further, in a Chapter 13 plan (reorganization), as opposed to Chap. 7 (liquidation), you may not have received a discharge of this debt. Also, certain types of debts are non-dischargeable: federally insured student loans, etc.
Your attorney would have to review your bankruptcy file, and other relevant documentation to properly advise you.
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