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Can a judgement be turned into a lien when it was orginally included in a CH7 bankruptcy?

Tampa, FL |
Filed under: Lien

I filed CH7 bankruptcy in 07/09, with Citibank listed as one of my creditors. Now I have been informed that they are going to turn their previously filed judgements into a lien on property. My house was not included in my bankruptcy. Can they do that? How can I stop it? My bankruptcy almost complete?

Attorney Answers 1


Not enough pertinent information. You did not state whether your house has homestead status. You did not state whether the judgments are related to your home as a mortgage, construction loan, home improvement loan, etc.

If your house is a homestead, and if your judgments are not related to the purchase of the house, improvement of the house or taxes owed on the house, then Citi cannot file a lien against your house... as long as it remains to be your homestead. The minute it loses homestead status, the house is fair game. There are other properties that are protected as long as you're a Florida resident, such as 401(k), IRAs and so on. The list is long. In this scenario, it doesn't matter if the house was not included in the Ch 7 bankruptcy.

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