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?
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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.Originally posted by HHM View PostWhether 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.
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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.Originally posted by onlywayout View PostIn 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.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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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.
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