Legal Question in Bankruptcy in New Jersey

Will the court remove a (default) judgement(s) issued just months prior to a cha

I filed Chapter 7 in Jan 97, and it was discharged in May 97. With all the issues

going on at the time, and my limited knowledged of what was happening... Four

unsecured creditors (credit card companies) managed to receive default

judgements in the seven months prior to my filing Chapter 7.....

Although the persona liability was removed from me, the debt still remains with

me by way of liens being placed on my townhouse (which I've owned since 1987).

My question is simple:

Will the State of NJ discharge and remove these liens on petition based on the

fact that they would have been totally discharged in the first place???

If not,...... what are my options???


Asked on 9/28/99, 10:32 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Will the court remove a (default) judgement(s) issued just months prior to a

There is a procedure to avoid the liens. However, this should have been done during the pendancy of the bankruptcy proceeding. An application can be made to reopen at this point. However, your success in getting the liens lifted is dependent on several factors which is not apparent to me at this point, because I do not have all of the facts to make that determination. Your former bankruptcy attorney should be able to advise you. In any case, you should immediately consult with either that attorney or another attorney to determine your course of action. If you want to speak with me, feel free to call me at 856-546-8010. Good luck!

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Answered on 9/30/99, 7:50 am


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