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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19472
Experience:  B.A.; M.B.A.; J.D.
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A bank just filed a writ of revival on a judgement from 1991

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A bank just filed a writ of revival on a judgement from 1991 against my ex-husband and me. I filed Chapter 7 bankruptcy in 1996 which included this lein. What should i do?

If this debt was included in your bankruptcy filing in 1996 and the creditor did not file any objections to dischargeability of the lien and you obtained a discharge then your bankruptcy discharge wiped out the debt assuming that the debt was not excepted from your discharge for some reason.

So, you need to pull your bankruptcy record, your schedules showing the lien, a copy of the discharge from the bankruptcy Court and offer it as evidence that you are no longer responsible for the debt. You can also file a counterclaim against the creditor for trying to collect a debt that has been discharged in a bankruptcy case.

If you do not have a record of your bankruptcy filing, you can go to the court where your case was filed and the clerk would help you find it.


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