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I filed bankruptcy in 2010, but the judgements are still on file at the clerk of courts, how do I get these removed?

Winner, SD |

I thought once filed with the federal bankruptcy that all creditors were contacted and judgements were cleared from my records.

Attorney Answers 4

Posted

The court notifies all the creditors you list in your matrix of the commencement and discharge of your case. Everything else, including notifying courts, deed registries, etc., is up to you.

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Posted

Bankruptcy provides a discharge of your legal obligation to pay debts. If a judgment was entered prior to the filing, the debt itself is discharge, the judgment remains since the judgment was a court determination. Bankruptcy does not eliminate or erase judgments.

At the time you filed your bankruptcy, did you own real estate in which you resided? If you did and if it is property that you are interested in retaining, you need to determine if the judgments are liens against you property. If yes, the possibility exists for them to be removed depending upon the value of the property and the mortgage balance.

An experienced local bankruptcy attorney can advise you with regard to judgment liens.

Please be advised that the advice to you herein does NOT establish an attorney client relationship and that our firm does NOT represent you in any 7 Bankruptcy matter.

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Posted

A bankruptcy filing is a federal action in federal court. It is most likely that the judgments you are talking about are in state court. What is needed is that there be a motion to stay filed in the state court case which will be a notice to the judgment creditor that bankruptcy has been filed and that the state court case is stayed. If the judgment creditor continues collection after that point the creditor can be held in contempt.

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Posted

The judgment in your case was most likely issued by a County Court. Bankruptcies are filed in Federal courts. A bankruptcy would have discharged your personal obligation as to the judgment. However, in many cases, a judgment is often turned in to a Fi.Fa, (or Judicial lien) which is filed with the County Courts. Liens are filed against property, not necessarily against you personally. A bankruptcy does not automatically get rid of liens filed against your property. If you exempted property in your bankruptcy, then you may have been able to avoid the lien through the Bankruptcy Court. In Ga, where I practice, a “Motion to Avoid a Judgment Lien” is used to avoid the lien. This motion has to be filed in an open case, so if your case has been discharged and closed, you may have to reopen your case to file that motion. Once the Judge signs the order avoiding the lien and your case is closed, you normally have to get a certified copy of the order avoiding the lien and file it with the County Court. By doing this, it puts everyone on notice that the Lien was avoided by a Bankruptcy Judge.

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