Legal Question in Bankruptcy in California

Bankruptcy and Civil Actions
I filed Bankruptcy in 2005, which was granted. I listed all of my Debtors for discharge, which was granted. Then was taken to civil court in 2007by a debtor who was granted a lean on the funds already discharged. Can that debtor take my wages eventhough the lean was discharged in 2005.

Asked on 1/23/08, 6:50 pm

3 Answers from Attorneys

Brian Whitaker Lifeline Legal, LLP

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Re: Bankruptcy and Civil Actions

Whatever you owed that debtor on the date your BK was filed has been discharged ... but the lien remains unless you file a motion with the BK court to avoid it (you should have your attorney handle that for you). The creditor was violating the discharge injunction by taking you to court to collect a discharged debt (you might want to consider an appropriate punishment/sanction for that); but he can still collect upon the sale of any property to which the lien attached until you avoid the lien.

Answered on 1/23/08, 7:15 pm

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H.M. Torrey The Law Offices of H.M. Torrey

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Re: Bankruptcy and Civil Actions

In a nutshell, no the creditor at issue may not effectively collect on a debt that was discharged thru a BK, unless you reaffirmed the debt. You should have an attorney take care of this matter for you immediately.

Answered on 1/23/08, 7:27 pm

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