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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I sued someone back in Dec 2010 and won a judgment. It was

Customer Question

I sued someone back in Dec 2010 and won a judgment. It was a small claims personal victory not against a company.

After all the legal remedies were exhausted I filed a property lien on the persons house.
I was granted that lien.

That person filed bankruptcy. Even though I filed a proof of claim and contested the discharge of my debt it was indeed discharged.

However I did not receive any notice that the property lien was discharged. Will this still stand? If they ever try to sell the property will the lien be valid still?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 6 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Bankruptcy only discharges unsecured debts. If a creditor has a security interest in an asset, that interest still remains on the asset.

Terry L. :

So, even though the debt may be discharged in the bankruptcy, the judgment lien you have on that property will survive the bankruptcy. You cannot collect on the debt, but you can wait until the property is sold or refinanced to get your money.

Terry L. :

If the debtor brought a motion to avoid the judgment lien during their case, they could strip the lien if it interferes with the homestead exemption. If the bankruptcy case is over, and the lien was not avoided, then the lien will survive.

Terry L. :

Thanks for your question, good luck.