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Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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I have a judgement against me from an HVAC wholesale supply ...

Customer Question

I have a judgement which was entered against me from an HVAC wholesale supply house fo $14,000 in August,2005. A few weeks after that judgement was entered I filed for chapter 7 personal bankruptcy. The bankrupsty was discharged in March 2006, which this judgement was included in bankruptcy. Can this company attach a lien on any property or savings accounts I have at banks after seven years from bankruptcy discharge or does this bankruptsy save me from any future judgements or liens for this one situation?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 6 years ago.

Hi Scott:

It is a violation of the Bankruptcy Code for a creditor, including a judgment creditor, whose debt is discharged in bankruptcy, to attach a lien or continue any collection activity against the person who filed bankruptcy pursuant to 11 USC 362 (see here).

See in particular 11 USC 362(a)(4), which provides that it is a violation of the automatic stay for a creditor to commit "any act to create, perfect, or enforce any lien against property of the estate." "Property of the estate" pretty much means all of the debtor's property, such as personal property, real estate, bank accounts, etc.

So, generally, once a debt is discharged in bankruptcy, that creditor can never come after the debtor again.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

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Attorney in the practice of Bankruptcy Law since 1996