Legal Question in Bankruptcy in California

Does the judgement go away in bankruptcy?

My son filed bankruptcy in early June, 2007. He had been sued by a collection agency and had a lien notice or Abstract of Judgement sent to him in April, 2007. The judgement (or lien) is for $9,104.00. This if from a law firm in Fresno who aquired the credit card debt from Citibank. The debt will be discharged (I'm fairly sure) by the bankruptcy. Does this judgement go away then??


Asked on 7/01/07, 7:24 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Does the judgement go away in bankruptcy?

Judgments are discharged (eliminated) in bankruptcy, but judgment LIENS such as an abstract of judgment are not automatically eliminated. If your son has a bankruptcy attorney, he should talk to the attorney about whether a petition to remove the lien under Section 522 of the Bankruptcy Code is necessary. If your son does not have an attorney, he should get one.

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Answered on 7/01/07, 7:36 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Does the judgement go away in bankruptcy?

If your son doesn't have an attorney, after the discharge he could contact the attorney trying to collect, send him a copy of the discharge and ask him to remove the lien. If he doesn't do so voluntarily, then you might have to follow up as Mr. Starrett suggegsts.

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Answered on 7/01/07, 9:05 pm


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