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JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
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: 9 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 9 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.

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