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.