secured debt on shedule D?

[FoeHammer70]

Is a judgement based on CC debt considered priority secured debt on shedule D?

"List creditors holding all types of secured interests such as
judgment liens, garnishments, statutory liens, mortgages, deeds of trust, and other security interests."

[FoeHammer70]

Schedule "F".

Generally, when a creditor gets a judgment against you, the debt is just as dischargeable in a bankruptcy proceeding as it was before the judgment was obtained.

The only difference is when you own real estate AND the judgment becomes a lien on that real estate.

Assuming that you do not own any real estate, you would list the judgment debt along with your other debts in the Schedule of Unsecured Creditors, which is Schedule "F".

If you did own real estate, and the judgment became a lien, then the debt would be considered a secured debt, and you would list on on Schedule "D".

Yes I answered my own post

[justbroke]

Very nice. I was going to say the same thing. However, it's not just real property. It can also lien personal property (including, but not limited to, motor vehicles).

Also, to make it a judgment lien, it would have to be recorded.

[BKDefender]

Foehammer: If the judgment impairs any of your exemptions, you should look at filing a Motion to Avoid the Lien. i.e. if you can have up to $100k in equity in your home and you only have $5k then any judgment attached to your home as a lien can be avoided in bankruptcy court.

--William

[justbroke]

Very nice point Defender. That's under 11 USC 522(f) which I forgot all about.