A CREDITOR BACK IN 2006 HAD A JUDGEMENT AGAINST ME AND I FILED CHAPTER 7 AND NOW I GET AN ABSTRACT JUDGMENT UNDER A DIFFERENT ATTORNEY AT THE SAME LAW FIRM. IT IS MARKED FOR 12/11/2014 AND I AM ALREADY AMENDING MY CREDITORS CAN i ADD HIM TOO? HOW CAN THEY JUST SWITCH ATTORNEYS AND GET A NEW ABSTRACT JUDGEMENT. SHOULD I GO TO COURT AND FIGHT IT OR JUST ADD HIM AS WELL
The issue isn't "adding" him. You either owed the debt prior to filing your bankruptcy case, or you didn't. Assuming it was a "no-asset" chapter 7 (meaning, the Trustee did not liquidate or disburse any assets), then the debt was discharged. But that doesn't affect any liens that were in existence on the date your case was filed. They remain against whatever property the lien attached to on that date. If you still own the same property as you did then, there might be a basis to reopen your case to remove the lien, but that depends on a lot of different factors.
You definitely should consult with a bankruptcy attorney in your area.
Legal disclaimer: Mark J. Markus practices law in California only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation.
This could be a violation of the Discharge injunction. Seek the advice of competent counsel immediately.
Each judgment against you can result in multiple abstracts but why? An abstract recorded in the county where you own real estate is all the creditor needs. If you own real estate in different counties, the original abstract can be recorded there. If the multiple abstracts represent the same debt, it doesn't matter in what lawyer's name they were obtained. If you aren't using a BK atty, at least consult with one. Click the Avvo tab "Find a Lawyer". Many will offer free consultations. BK is not a DIY project. If you fail to properly schedule the debt and if you do not file a timely motion during the pendency of your case, you will see that the abstract survives the BK. Get professional help now.
You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is based on general legal principles. You become a client when you enter into a formal retainer agreement with me.
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