Legal Question in Bankruptcy in California

Re: Dishcharging Abstracts of Judgement

First, you only get a discharge in a chapter 7, not a chapter 13; and, whether or not a judgment would be discharged depends upon whether it was properly scheduled, and whether or not it is a dischargeable type of debt. If it was of the type which can be held to be non-dischargeable, the creditor would have to have pursued a non-dischargeability action. Further, even if a dischargeable debt which is properly scheduled, if it has been pursued beyond the default stage and there has been an abstract filed etc., unless affirmative action is taken to set aside any liens created from it, it still may be pursued against property of the chapter 7 estate.

Re: Dishcharging Abstracts of Judgement

If you receive a discharge, then it can discharge the judgment, depending on what the basis of the underlying judgment is. If it is for fraud or other activity that is excepted from discharge under the code, it may not be dischargeable in a Ch. 7 (assuming a timely action is brought by the creditor in question in your bankruptcy case). However, discharging the judgment does not avoid any lien that may have been created prior to the filing of the bankruptcy case. That would need to be dealt with separately.

Re: Dishcharging Abstracts of Judgement

From the wording of your question I take it you have not filed yet. If you file a chapter 7 all judgments will be discharged. You need to go to the county recorder's office and find out if an abstract of judgment has been recorded. If it has, then when you file for bankruptcy, you will need to have your atorney at the same time file a motion to avoid liens--this should take care of it. Note that this is so only if you can file a ch 7. If you have to file a ch 13, then a whole different set of rules applies. Feel free to contact me to find out which chapter is best for you.

Re: Dishcharging Abstracts of Judgement

Unless there was fraud, the answer is yes.