Legal Question in Bankruptcy in Indiana

Remove Judgments After Bankruptcy

I filed for bankruptcy & was discharged in 1999 in Tampa FL. I owned a rental property in Indiana which had civil judgments attached - the judgments were discharged - now I want to sell the property but the title company wants an order of avoidance to clear the title. Can I go about this myself, if so how?


Asked on 6/15/04, 4:43 pm

1 Answer from Attorneys
Eric Southward Southward & Haggard

Re: Remove Judgments After Bankruptcy

In your bankruptcy, you needed to file Motions to Avoid Judgment Liens. You have to make sure that the liens impaired your exemptions. Because your case is done, you have to re-open your case and file these motions. There isn't really any time-limit to file these, but your creditors may object that it has been too long. There are costs to re-open. I would recommend hiring an attorney to prepare the motions for you though.

Liens, like judgment liens, survive bankruptcies even though the underlying obligation to pay it was discharged in the bankruptcy. So, like a mortgage, the liens don't go away even once you file. You have to file specific documents to make them go away. If your case was in Indiana, we would be able to assist you. Call or email for more information. (317) 916-2300

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Answered on 6/15/04, 4:49 pm


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