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judgement lien be erased chapter 13

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    judgement lien be erased chapter 13

    I am fighting two collection firms that one had a judgement granted,even though I worked out payment arrangements and never missed a payment,now they tell me they are putting a lien on my property until it is paid,which they added 24% interest from 2004 on 4500.00
    Another one asset will probaly do the same,along with many others,that will follow
    If I file chapter 13 will this erase the property lien?
    Or does a judgement from a credit card become a secured debt?
    My husband is not on any of the cards,the home is in both our names,I am afraid they will try to force the sale of my home that is also my three small children,I always made my payments on time,but my husband was gone in the military for over a year,and I used the cards for utilities and food,as his civilian pay was much more,and I have been drowing in debt ever since
    Thanks

    #2
    I'm not sure how leins on property work, but my husband had 3 judgements against him, all were wage garnishment orders, and the Chapter 13 stopped all of them, they are included in the plan and are the same as any of our other debts. It's possible the leins might be considered secured debts, which means your CH 13 plan would have to pay them first at 100% before paying on your unsecured, but you should ask your lawyer about it to be sure.
    Filed CH 13 September 17, 2007
    Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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      #3
      The bk will wipe out the debt that caused the lein but not the lein. In order to erase that so it doesn't come back to bite you later, your attorney will have to file a separate motion to avoid the lein. It is additional paperwork but can be done if done with the bk. Most problems arise with these types of leins because filers weren't aware that the judgement created a lein against their property, thus becoming secured. So take care of it with the bk.

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        #4
        Originally posted by rrockinggramma View Post
        The bk will wipe out the debt that caused the lein but not the lein.
        What if the creditor that has a judgement didn't file a claim?
        Can you still file a motion (have your attorney file a motion) to get rid of the lien at the end of the bankruptcy?

        Thats what is happening in my case -- I'm not quite two years into a (almost) 5 year plan -- and Citifinancial didn't file a claim on a personal loan I had with them, but they had sued me and got a default judgement. Prior to the filing, of course.

        So what happens there? The other judgement people (I had / have 2) did file a claim.

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