Legal Question in Bankruptcy in Virginia

Filed Chp 7 in Oct '05; discharged in Feb '06. I accidentally left a creditor off of my petition. Now this creditor has a lien against my investment property. I was informed by the title company. I purchased this property some time after my bankruptcy discharge so the lien was placed after my discharge. What can I do to add this creditor to my petition and have them delete the judgment/lien from my property. I did not use a bankruptcy attorney when I filed.


Asked on 11/24/09, 4:49 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

If there was a judgment in place at the time you filed, your filing voided the judgment, assuming it was a no-asset case. Recording a copy of the discharge in land records may be sufficient to establish that it does not attach to the after-acquired property; if the title company is not satisfied with that, you may need to get an order from the bankruptcy court. If the judgment was entered post-bankruptcy, and the creditor does not agree to release it, you are going to have to go back to bankruptcy court to get an order that the judgment was entered in violation of the discharge and is void.

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Answered on 11/29/09, 7:16 pm


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