Legal Question in Bankruptcy in New Mexico

how do i remove civil judgement after filing chap 7 when the judgement was liste

i filed chap 7 in 12/00. two civil judgement were filed prior to filing and were listed in the chap 7. they are now trying to collect on debt and stopping me from refinancing my home. shouldn't they have been removed with the chap 7 or is there something else i have to file?

also, on the question of forgetting to list a debt on your bankruptcy, doesn't the case ''beezley v california land title company'' apply?


Asked on 6/05/03, 1:02 am

1 Answer from Attorneys
Dorothy Bunce

Removing civil judgment after Bankruptcy

There are two ways to remove a civil judgment that is acting as a lien against your real property when you file bankruptcy. It is critical that you resolve this promptly because if the judgment is not removed, you will have to pay it when your real estate is sold EVEN THOUGH IT IS HOMESTEADED. I would NEVER recommend doing this yourself because it is very complicated and if not done correctly, can create more problems.

The Beezeley case does apply in certain circumstances to creditors that were not listed in your bankruptcy, but not in every instance. To obtain the benefits of Beezley, you also must take specific actions as problems occur.

Please call me or another bankruptcy attorney if you want legal representation - it seems to me that you really need an attorney to handle this important concerns. It also seems to me that your situation is yet another example of why you can hurt yourself so much by trying to represent yourself or using the services of a so-called "paralegal."

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Answered on 6/05/03, 3:19 pm


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