Can I get a lien discharged if I file for bankruptcy? 18 Answers as of May 06, 2011

I have a personal judgment filed against me from my brother for a loan. I am now unemployed. Can I file bankruptcy and get judgment released?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes, most judgment liens can be removed and discharged in bankruptcy.
Answer Applies to: Indiana
Replied: 5/6/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
You can certainly get the debt discharged, but if there is in fact a lien, it will survive the bankruptcy unless you file (and prevail on) a motion to avoid the lien in the bankruptcy case.
Answer Applies to: California
Replied: 5/5/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
The judgment will likely be discharged in BK.
Answer Applies to: Washington
Replied: 5/5/2011
Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
Probably, you need to file a motion in the bankruptcy court.
Answer Applies to: California
Replied: 5/5/2011
Benson Law Firm
Benson Law Firm | David Benson
That depends on what the judgment is for. There are certain obligations that are nondischargeable and a free consultation with a competent bankruptcy lawyer may get you the answers you seek.
Answer Applies to: Ohio
Replied: 5/5/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    I'm not sure what state you are in. Generally, judgments are dischargeable. I have no idea what kind of lien you are referring to. A judgment lien that impairs a homestead exemption can be removed in bankruptcy. You should consult with a lawyer.
    Answer Applies to: California
    Replied: 5/5/2011
    Uriarte & Wood, Attorneys at Law
    Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
    The personal obligation on the loan may be discharged, however if he filed an abstract of judgment and created a judgment lien, the lien may only be removed if certain criteria are met. Talk to a lawyer and take him or her a copy of the judgment so you may be advised properly.
    Answer Applies to: California
    Replied: 5/5/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    Yes, once you file bankruptcy, the judgment will be dismissed as a result.
    Answer Applies to: Washington
    Replied: 5/5/2011
    The Law Offices of Alan M. Laskin
    The Law Offices of Alan M. Laskin | Jared B. Gaynor
    You may not know it, but there are actually two questions here.
    1) Judgments are always released in discharge, unless they are specifically denied discharge due to fraud, waste, etc.
    2) Involuntary liens on real property also may be removed in a Chapter 7 filing, but there is additional work in different motion that must be done to avoid those liens. See 11 U.S.C. 522(f)(1).
    Answer Applies to: California
    Replied: 5/5/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Normally yes. You should sit down and talk to your bankruptcy attorney about all of your debts before you decide to do anything.
    Answer Applies to: Alabama
    Replied: 5/4/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Bankruptcy gets rid of your personal liability. So when you file bankruptcy, he cannot garnish you or send you bills. But I wonder what you mean by a "lien." Do you own real estate that now had a judgment lien? Or are you just using lien to mean judgment? Judgment liens can be removed, usually, if you file bankruptcy within 90 days. After that, it's harder. It depends on the math. How much is the real estate worth. how much do you owe on it? And it depends on your state law.
    Answer Applies to: Virginia
    Replied: 5/4/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Under section 522(f) of the bankruptcy code a judgment lien can be avoided. It requires a special motion in a bankruptcy case.
    Answer Applies to: California
    Replied: 5/4/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Yes. You can get rid of said judgment with a bankruptcy.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you file for bankruptcy, and a discharge is granted, then the judgment against you personally will be dissolved. If you are in my area and are looking for an attorney, contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/4/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes. If it is a lien against exempt property, you may need to file a motion in the bankruptcy to remove the lien from the property as well.
    Answer Applies to: California
    Replied: 5/4/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    The judgment will be discharged in bankruptcy. If an abstract of judgment was recorded with the County Recorder's Office then the lien may be voided by filing a motion with the court in many cases. This gets a little complicated so you need to ask your attorney in the case for the details and to see if you can have the lien declared void. It might not even be necessary (or possible) if you do not own real estate when you file for bankruptcy.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    Yes, but you should understand that a judgment and a lien are not the same thing. A judgment is an unsecured debt unless steps have been taken by the judgment creditor to cause the judgment to be secured. On way to secure a judgment is to abstract the judgment and record the abstract of judgment in the county in which the judgment debtor (you) owns real property. If a certain amount of time passes after recording the judgment will be treated as secured rather than unsecured for purposes of bankruptcy. If the judgment is secured, additional steps are required to avoid the lien in bankruptcy. If you don't have a lawyer, strongly consider getting one. It will be money well spent!
    Answer Applies to: California
    Replied: 5/4/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Yes, the debt is discharged. If there is a lien which arose out of the judgment, which then attached to property you own, that is a separate process, but it can often be done as well.
    Answer Applies to: California
    Replied: 5/4/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney