Legal Question in Bankruptcy in Florida

leins & judgements

My Husband filed chapter 7 in 1999, and was discharged of debts. I am new wife and recently have been added to the deed of marital home. I am applying for a home improvement loan only to find out of judgements on title( that were listed in bankruptcy as creditors.we were unawre of the judgements at the time of filing. the judgements were filed before the discharge. Can they still lay claim to the property, and how can we acquire a clean titile now?


Asked on 3/03/01, 11:50 am

2 Answers from Attorneys

Richard Birkenwald Richard Birkenwald, Esq.

Re: leins & judgements

Your husband needs to reopen his bankruptcy case and ask the bankrupcty judge to sign an order avoiding the judicial lien (the recorded judgment). Once you have the order avoiding lien, file it with the recording office in your county and the judgment you are complaining about will be avoided. When a judgment is entered, it is recorded in the public records for that county. Few people known that a judgment still shows in the pubic record even though it has been discharged in bankrupcty court.

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Answered on 4/30/01, 6:37 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: leins & judgements

The atty who represented your husband, (if he had one) should do the work specified in the previous reply.

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Answered on 4/30/01, 7:25 pm


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