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Does an abstract judgement survive chapter 7 BK?

Victorville, CA |
Filed under: Chapter 7 bankruptcy

I filed chapter 7 in 2012 and I still show on county records judgements against my house from 2009 and 2011.

Attorney Answers 5


  1. A judgment lien survives a discharge. The proper action was to file a motion under 11 USC 522(f). Your BK attorney should have taken care of that for you. If you had no attorney, you can employ one now who is experienced in these matters. You can consult with me or any other AVVO BK lawyer. I cover Riverside, San Bernardino, Orange and Los Angeles Counties.


  2. Yes. But you can reopen your BK and file motions to avoid those liens.


  3. A judgment lien survives bankruptcy UNLESS you file a Motion & then an Order to Void the Lien. The court charges $260. Expect attorney fees, too.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


  4. A judgment lien survives bankruptcy UNLESS you file a Motion & then an Order to Void the Lien. The court charges $260. Expect attorney fees, too.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


  5. An abstract judgment survives a chapter 7 bankruptcy unless the judgment was avoided during the course of the bankruptcy. If it was avoided, there are steps that you must take after receiving the Order of the judgment being avoided, to make sure that it is "removed" from your credit report, credit bureaus etc.

    If it was not avoided in the bankruptcy, it can still be avoided by filing a motion to re-open the case, and a motion to avoid the abstract judgment. There is a $260 court filing fee to reopen the case. The attorneys fees to draft the motion will vary.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion. No attorney-client relationship is created by this message. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area. I am a Federally Designated Debt Relief Agency under the United States Bankruptcy Code. I proudly help people in financial need file bankruptcy cases. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

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