Legal Question in Bankruptcy in Florida

I defaulted on a loan and a final judgement was issued in 2010 on the balance to the lender. I filed for bankruptcy in 2012 and the court granted a discharge of the total debt to that lender.

My father added me to the deed of his home after my mother passed away (and my bankruptcy was final) to make things easier in the future, but in trying to refinance his home to cover several major repairs that needed done we discovered that this judgement is still valid, according to the title company, and has subsequently been applied to his house.

I was told I would have to pay the $10,000 balance that had been discharged in the bankruptcy to release the lien, or re-open my bankruptcy case and pay any additional fees required to my original attorney to attempt to have it removed. I don't understand why was I granted a discharge if it doesn't invalidate the judgement and they can still take the equity in my dad's home?

I am not employed, permanently disabled, and live on SSDI. My father is 74, retired, and living on SSI. We share his home because neither of us can afford to live independently. Paying this balance would be devastating financially, not to mention the equity in the home isn't there to cover such a large balance in addition to the necessary repairs.

If there is any information you can provide regarding any available remedy to this situation I would be very grateful. Thank you so much for your time.


Asked on 11/09/16, 2:56 pm

2 Answers from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

I need to read all relevant documents before I can point to a way out. In order for the debt not to be dischargeable, you would need to have NOT listed it in your schedules. If you did not list it in your schedules, it was not discharged. You are probably up against people who do not know bankruptcy law, and they might just need to be taught a lesson. You need an experienced bankruptcy attorney on your side.

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Answered on 11/09/16, 6:01 pm
Steven Meyer CPLS, P.A.

You can reopen the state court case in which the court entered the judgment for this debt. File a motion to have the judgment dismissed because it was discharged in bankruptcy. If you need assistance with this, we would be happy to discuss it with you.

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Answered on 11/10/16, 12:19 pm


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