Legal Question in Bankruptcy in California

abstract of judgment

Bankrutcy discharged 1-22-99. A judgment was entered prior

to the BK {judgment entered 07/1998}. Jugment was included in BK {list of creditos}.This was for an auto loan. Abstract of judgment filed also. The collection agency handling this ''judgment'' says that they will not remove the judgment from the credit report and will not show that the judgment was included in the bankrupcy on the credit report. It is clear that the judgement was part of the BK. How can I petition the court to get this abstract of judgment removed. Isn't the abstract part of the original judgment? Please advise me asap. I greatly appreciate your help..Thank You very much.


Asked on 3/21/05, 12:48 pm

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: abstract of judgment

If the judgment was entered and an abstract was recorded prior to your bankruptcy, then while you could be personally discharged from the debt, the PROPERTY it may have attached to, is still subject to the judgment lien until the debt is satisfied. In other words the creditor could not cause you to be personally liable and garnishee your wages, etc., the property that the abstract recorded against, is still encumbered with that judgment lien. The only way to have removed it, would have been to bring a motion in the bankruptcy court and if grounds existed to set it aside, that could have been done during your bankruptcy. As regards the fact that you filed bankruptcy, that remains on your credit for ten years and credit reporting agencies have the right to reflect that.

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Answered on 3/21/05, 1:04 pm


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