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Roger
Roger, Attorney
Category: Bankruptcy Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Situation: I have discharge chapter 7. I am selling my property

Customer Question

Situation: I have discharge chapter 7. I am selling my property and there is an abstract of judgment lien on the title for a creditor. I am told since that lien was not in the bankruptcy schedule it cannot be released. However, my understanding is that if the property is foreclosed it becomes an unsecure debt and is covered under the discharge.

Question: Is this information correct?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX X'm a Bankruptcy litigation attorney here to assist you.

 

If the creditor and lien was not identified in the bankruptcy, and therefore was not discharged, the debt was not effected by the bankruptcy and is still a due and owing debt.

 

You cannot get a discharge for a debt unless you identify it in your bankruptcy schedules and specifically have it discharged.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25264
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
I was told by my attorney that in a chapter 7 all unsecured debts up to the discharge would be covered in the bankruptcy (even if they were not all in the schedule. However all secured debts must be in the schedule to qualify for discharge. Of course the security could be used by the creditor to redeem his money. An attorney in just answer also confirmed this please advise.

Expert:  Roger replied 2 years ago.
The judgment is an unsecured debt unless the judgment obtained was based on a loan secured by specific collateral. Thus, I agree with that.

However, in order to be relieved of a judgment, you must list the judgment creditor in your schedules as a creditor of your bankruptcy estate. Also, you must file a motion with the bankruptcy court to have the judgment vacated and be relieved.

If you didn't notify the creditor of your filing and didn't file a motion, I do not know any way that the debt would be discharged. The reason mainly is that the judgment creditor didn't have an opportunity to receive notice and defend its judgment.

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