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I filed chapter 7 bk in 7 of 95 discharged 8 of 95 we had a…

Customer Question
I filed chapter 7...

I filed chapter 7 bk in 7 of 95 discharged 8 of 95 we had a judgment lien recorded 6 of 94, can they renew the lien???

Lawyer's Assistant: What state are you in? And has anything been officially filed?

Calif

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

After bk //

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The lien renewal was in 2011???

Submitted: 5 months ago.Category: Bankruptcy Law
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3/21/2018
Bankruptcy Lawyer: Terry L., Attorney replied 5 months ago
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,984
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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hi and thank you for your question.

the underlying debt from the judgment was discharged in the bankruptcy case. The judgment lien would still remain unless you filed a motion to avoid the judgment lien. This is done if the judgment lien impairs the claimed exemption. So, for example, let's say the value of the home was 100,000, and there was a mortgage of 75,000. if the exemption was more than 25,000, the judgment lien would impair the exemption. Did you file such motion? If not, the lien will remain and the judgment lien can be renewed as allowed by state law.

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Bankruptcy Lawyer: Terry L., Attorney replied 5 months ago

what questions do you have?

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Bankruptcy Lawyer: Terry L., Attorney replied 5 months ago
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Bankruptcy Lawyer: Terry L., Attorney replied 5 months ago

judgments must be renewed every 10 years or they expire. same goes with the lien.

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Bankruptcy Lawyer: Terry L., Attorney replied 5 months ago

was there a renewal between 6/94 and 6/2004? then again within 10 years of that renewal date?

You should pull your title records to see what was recorded. If there was no renewal in that first 10 years, your real estate attorney can file suit to quiet title (in essence - clear up that there is no lien since it expired if not renewed.)

Hope that helps, good luck!

Thanks

Terry

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