top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

question about abstract judgment or judgment lien

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    question about abstract judgment or judgment lien

    I have an abstract judgment (judgment lien in california) recorded. I own no real property. I understand that after ch7 discharge the judgment cant be collected but it will still be there as there arent any grounds to get it vacated. Since I cant get the judgment vacated, I cant avoid the lien. It is my understanding the lien wont attach any property acquired after the BK. Is this correct?

    #2
    Whether it can vacated depends on the nature of the underlying debt. If the underlying debt was unsecured and would other wise discharged in a BK, then the judgment can be vacated.

    Comment


      #3
      Originally posted by HHM View Post
      Whether it can vacated depends on the nature of the underlying debt. If the underlying debt was unsecured and would other wise discharged in a BK, then the judgment can be vacated.
      In California? How so? The reasons under which a judgment can be vacated are few, and I dont have one. The lien can be avoided if it gets in the way of an exemption, but that isnt the case here since I am not a homeowner.

      Comment


        #4
        Originally posted by onlywayout View Post
        In California? How so? The reasons under which a judgment can be vacated are few, and I dont have one. The lien can be avoided if it gets in the way of an exemption, but that isnt the case here since I am not a homeowner.
        You need to explain exactly what the underlying debt was. Also, if that debt was secured by any property. HHM was giving a generic answer. I'm sure he'll get more specific as he gets more details. I may even jump in too.
        Last edited by justbroke; 05-25-2009, 08:02 PM. Reason: waiting...
        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.

        Comment


          #5
          the judgment is a default judgment from a lawsuit for breach of contract from a failed business i had years ago.

          Some states allow a judgment to be vacated if the debt from it has been discharged. California has no such provision as far as I can tell, of the allowable reasons to vacate a judgment, I dont have one.

          Comment

          bottom Ad Widget

          Collapse
          Working...
          X