Legal Question in Bankruptcy in Pennsylvania

Reopening bankruptcy

I'm told I need to reopen my discharged bankruptcy in order to clear judgements against my real property based on debts cleared in bankruptcy. One was filed before my bk filing, one after. What are the risks of doing this and how long would you expect it to take to clear these judgements?


Asked on 6/25/07, 6:08 pm

1 Answer from Attorneys

John Gibson John W. Gibson, Esquire

Re: Reopening bankruptcy

What they are talking about are motions to avoid liens. I'm not sure if that's necessary. We used to clear the state court dockets in the old days with a simple Praecipe. The judgment that was filed after you filed bankruptcy was almost certainly a violation of the automatic stay. It is probably a lender saying that you need to reopen. There isn't much of a risk and the procedure is pretty quick but I'd check with a local attorney to see if it's necessary. I think this stuff started sometime in the mid to late 90s and a lot of the time there was no equity for the lien to attach to so it did not impair any exemptions which is why attorneys didn't bother with them. However, when you go to apply for a home equity loan now there are so many people that have gone into that business that they do not understand that.

Read more
Answered on 6/26/07, 3:39 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Pennsylvania