Legal Question in Bankruptcy in California

Are judgment liens discharged in Chapter 7 Bankruptcy?

Suppose a creditor sues an individual and receives a money judgment. He then files an Abstract of Judgment with the county recorders office. However, the judgment debtor owns no real property. The judgment debtor then files for Chapter 7 Bankruptcy. The personal liability for the debt is discharged. My question is, what is the best way to deal with the lien? If there was no real property when the bankruptcy was filed, can the lien attach to real property acquired after a discharge has been entered? Is there a way to avoid the lien, even though it does not attach to any real property?


Asked on 5/11/00, 7:27 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Are judgment liens discharged in Chapter 7 Bankruptcy?

There is no lien to avoid. If it has not attached prior to filing, it cannot attach post-discharge. If you are acquiring real estate post-discharge and want to be sure the title is clear, you may be permitted under your state's law to record a copy of the discharge in the land records.

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Answered on 7/02/00, 11:02 pm


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