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getting rid of judgements on house

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    getting rid of judgements on house

    I may file chapter 7 in PA. I have 2 judgements on my house- credit cards- my mortgage is current.

    If I file chapter 7, will this get rid of the judgments, or do I have to file some other forms in addition?
    Discharged- pro se- chapter 7~!

    #2
    As far as I know, you would need to file motions to avoid judgment liens. At least that's what my mother will have to do once she files.
    Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
    FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
    FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

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      #3
      is this done at the same time as a chapter 7?
      Discharged- pro se- chapter 7~!

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        #4
        You would do this during the Chapter 7 with a Motion to Avoid Lien. However, the lien must impair some exemption. Since Penn has no homestead exemption you "may" need to use the Federal Exemptions. You should certainly consult with attorneys because you need to do this correctly. They will probably charge "extra" for any Motion to Avoid Lien (and if you have multiple judgment lients then this may be multiple Motions).

        I would make certain to consult with attorneys in your area.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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          #5
          Wondering if it would be cheaper to file 7 myself- then have it re-opened so an attorney can file motion to avoid a lien
          Discharged- pro se- chapter 7~!

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            #6
            Originally posted by anykey View Post
            Wondering if it would be cheaper to file 7 myself- then have it re-opened so an attorney can file motion to avoid a lien
            Let's see. Re-opening is $260 and the attorney will probably charge "a la carte" at $200-$375/hour. Since it would require a hearing, you may be looking at 3-4 hours of attorney time. If you negotiate, you might be able to get the whole thing professionally done for < $1,500. It just depends on so many factors (no look fees for your District, caas complexity, etc.)

            Just my thoughts.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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              #7
              Just FYI, I had an atty and he had to file one Motion to Avoid Lien for me. He added $300 to the fee for that. Good luck.
              BK7 Filed 7/10/12 • 341 8/15/12 • Discharged 10/17/12 • Closed 5/6/13 Thanks to everyone here!

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