Can I include a judgement lein for a car repo in a bankruptcy? 18 Answers as of March 02, 2011

Can I include a judgement lein for a car repo in a bankruptcy?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
All debts can and should be listed in your bankruptcy. This includes debts that have been reduced to a judgment. Your personal liability for any dischargeable debt will be erased when you receive your Order of Discharge of Debtor. However, with judgments, you need to check to see if the Creditor has recorded an abstract of judgment. If so, the judgment lien will survive bankruptcy as a lien on any real property that you own or acquire for the next 10 years in the County in which the abstract of judgment was recorded, unless you bring and win a Motion to Avoid Lien under 11 U.S.C. Section 522(f) (Real Property). We have brought these motions successfully for many of our clients. For information and advice regarding the specific facts of your matter, call me.
Answer Applies to: California
Replied: 3/2/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes you can include it. If you own real property you will need to file a separate motion to remove the judgement lien.
Answer Applies to: California
Replied: 3/2/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
Yes, it can.
Answer Applies to: South Dakota
Replied: 3/2/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If you're asking whether the underlying debt you owe for the repossession is dischargeable in bankruptcy, the answer is yes. The lien will remain against whatever assets it has attached to as of the date your bankruptcy case is filed. You would need to file a motion to remove (avoid) the lien in your bankruptcy case to get rid of the lien.
Answer Applies to: California
Replied: 3/2/2011
Law Offices of Geoffrey Nwosu
Law Offices of Geoffrey Nwosu | Geoffrey Nwosu
You can include judgment lien for a car repossession in your chapter 7 bankruptcy petion. However, It is advisable that you consult with a bankruptcy lawyer near you to evaluate your financial situation and guide you appropriately. Some government liens may not be wiped off and eliminated in chpater 7 bankruptcy petition.
Answer Applies to: California
Replied: 3/2/2011
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