What happens to the judgments after you file? I know this sounds like a crazy question but I just don't know. Also, if you have a summons to appear in court but file before you are expected to appear, do you have to appear?
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Bump... thanks -
I'm not an expert, but I'll try to answer for you. If the judgment has been entered, than the debt is discharged in a bk, but the lien is still valid. Most lawyers will charge extra to have it vacated. (? I think that's the right term)
If the judgment hasn't been entered and you file after the summons but before court, than the automatic stay should stop court proceedings and no, you shouldn't have to appear.Comment
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So I still have to pay the legal fees?Comment
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Two of them have put liens on the house but we are walking away from the home.Comment
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Again, I'm not an expert, but my guess is that yes, you will have to pay your attorney to have the liens removed.Comment
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Why worry about a lein if, you're giving up the home?
You still need to get the underlying judgment vacated.Comment
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Once a judgment is recorded it attaches to all real property you own. So, if you were to buy another house within 7 years, it would automatically attach to the new property. Granted, the debt would be discharged, but the lien is still valid so it could cause you all kinds of problems later. A friend of mine went through this exact issue. Judgment was discharged, lien wasn't, and he had to pay his attorney to remove the lien before he was able to close on his refinance.Comment
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How much work is it for a lawyer to get it removed? I was worried that I would still have to pay for the actual debt attached to it? Although it's actually 2 smaller accounts
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I was told anywhere between $250 and $500 per lien for a chapter 7. Chances are the debt will be discharged unless they file and win an adversary proceeding, so you'll just have to pay for the attorney's fee and court costs. Do a quick Google search on your state, BK, and judgements and you should be able to get the answers your looking for.Comment
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Don't pay more than a couple of hundred bucks for it. Has your bankruptcy case closed? If so, you may have to have it reopened, for which you'd have to pay the filing fee again. But it's a simple little motion that has to be filed to avoid the judgment lien. The bk judge then enters an order avoiding the lien. You mail a certified copy of that to the court where your lien is registered, the clerk of that court enrolls that avoidance order -- maybe another $10 -- and you're done.Originally posted by momof3kids View PostHow much work is it for a lawyer to get it removed? I was worried that I would still have to pay for the actual debt attached to it? Although it's actually 2 smaller accountsPay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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No we haven't filed yet. We were in a 13 but couldn't handle the 13 payment, mortgage and rest due to employment loss. So we are doing a 7.Comment
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Then why didn't you just convert to a 7 from the 13? Why file all over again?Originally posted by momof3kids View PostPay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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Unfortunately we couldn't afford to convert in time, so it got dismissed and we have to refile
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