Question About Judgement Liens??

[DAVIS1212]

Hello. I filed for bankruptcy and it was discharged in 1996. I had a judgement lien filed against me a couple of months before I filed. The judgement was included in the bankruptcy. Fast foward........ I purchased a home in 2004. I want to refinance but I'm told that the judgement is still outstanding and the judgement lien automatically attached... Is this true?? I'm so confused. Can the lien attach itself to property purchased after a bankruptcy even if the debt was discharged(SO I THOUGHT)....PLEASE HELP

[lrprn]

Not knowing the original circumstances of the lien, it's impossible to say whether it could survive your bankruptcy or not.

According to the Moran Law website at http://moranlaw.net/lawsuits.htm :
"In general a debt represented by a judgment is just as dischargeable as the same debt prior to entry of judgment. Note, however:

- A judgment lien that attaches to assets is only avoidable by the debtor if it impairs an exemption.

- If the complaint alleged fraud or other grounds that would make a debt non dischargeable in bankruptcy, entry of a judgment against you may prevent you from later contesting the facts (i.e. you may be unable to get a bankruptcy court to hear your side of the fraud charge in a non dischargeability action).

- In the case of debts that are unliquidated (uncertain in amount), a judgment will liquidate the debt: that may have the effect of increasing your debts beyond the eligibility requirements of Chapter 13, with its expanded discharge and inexpensive reorganization possibilities."

If the judgment in your case matches any of these exceptions, then it could indeed have survived your bankruptcy. You need to meet with an experienced bankruptcy lawyer to sort out whether this lien is still active or not. Make appointments with 3-4 bk lawyers in your area for a free consultation and discuss your problem to find out where you stand. Good luck - please keep us posted about what you find out.

[MTG_BANKER_OH]

Hello. I filed for bankruptcy and it was discharged in 1996. I had a judgement lien filed against me a couple of months before I filed. The judgement was included in the bankruptcy. Fast foward........ I purchased a home in 2004. I want to refinance but I'm told that the judgement is still outstanding and the judgement lien automatically attached... Is this true?? I'm so confused. Can the lien attach itself to property purchased after a bankruptcy even if the debt was discharged(SO I THOUGHT)....PLEASE HELP

You will need to review yoru paperwork from the BK and possibly talk to your attorney. Who told you that the judgement was still outstanding?