Legal Question in Bankruptcy in California

Can JR Lienholder sue after discharge?

In reference to the anser I received below...

How likely is this to happen? What is the timeframe in which it needs to occure? Will we ever be free?

In order for them to seek money from you they will have to first go to court and get a judgment based upon their being owed money under a secured loan which was foreclosed upon by a senior loan and that they are a ''sold out junior lien holder''; at that time you can take your paperwork to court (


Asked on 3/18/08, 8:12 pm

2 Answers from Attorneys

Judith Deming Deming & Associates

Re: Can JR Lienholder sue after discharge?

This is a breach of contract type of action and the statute is four years from the date of the breach; here, it would be four years from the date the losses were incurred by the entity who held the loan.

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Answered on 3/19/08, 2:58 pm
Brian Whitaker Lifeline Legal, LLP

Re: Can JR Lienholder sue after discharge?

The debt has been discharged. They are forbidden from trying to collect it.

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Answered on 3/18/08, 9:28 pm


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