Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
I had a judgement against me for a CC balance that we included in our bankruptcy, it is still on my credit report, there is no lien against the house for this but here is the message I got from the mortgage banker from the underwriter,
Here is the info I received from the title company and underwriter, regarding judgment.
They are stating yes it was included however we will need an avoidance of lien in order to get this removed by the underwriter. The client will need to ask the BK attorney to ask the courts for the avoidance of lien.
Thank you for the information:
Response: Obviously, the underwriter does not understand the bankruptcy process. You only avoid a lien on property if the lien would impair the exemption that you are entitled to claim for that property. When there is no lien on a property, there is no lien to avoid. Nevertheless, you can contact the creditor's bankruptcy department and ask them to release the Judgment on your credit report. However, this is not necessary. The Discharge Order along with copy of Voluntary Petition and the Schedules and Statement of Affairs containing the information regarding the debt should be enough.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).