Legal Question in Bankruptcy in California

abstract of judgment recorded before b/k and before property purchased

A judgment was entered against me in 1997. An abstract of judgment was recorded with San Bernardino County Recorders Office. I filed a chapter 7 bankruptcy in 1998. No motion to avoid lien was filed because I did not own any property. Discharge was granted. In 1999 I received property: a home. Now I am trying to sell home but they are saying the judgment from 1997 is still valid. Is this correct--How can I get rid of this abstract of judgment. I now own too much property to file b/k again?


Asked on 6/09/04, 3:17 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: abstract of judgment recorded before b/k and before property purchased

I am reasonably certain that the lien is only valid as against property you owned on the date you filed your bankruptcy case, it does not attach to property you acquire after your bankruptcy case. The debt on the judgment was discharged (I assume) in your bankruptcy case. Are they saying the judgment is still valid or that the lien has attached to your property? Those are two different issues.

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Answered on 6/09/04, 11:52 pm


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