Legal Question in Bankruptcy in Virginia
Bankruptcy Judgment
Virginia
I had a judgment discharged in 2003 bankruptcy. I just tried to refinance and was told that in VA you still have to pay judgments that are dicharged in bankruptcy because they are an automatic lien on property. The company would not give me a release of judgment, even though the debt was discharged, until I paid it.
Was this correct or did I spend $2300 that I did not have to?
1 Answer from Attorneys
Re: Bankruptcy Judgment
Unless affirmatively avoided in bankruptcy, liens pass through bankruptcy unaffected. A jugdment is a lien, provided it is recorded in the circuit court for the county in which the land is located. While you may have been able to avoid the lien in the bankruptcy (you don't state any facts on which this can be determined), at the time you refinanced, you had to pay it.
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Bankruptcy Judgment I have a judgment for $2200 (this is also stated on my credit... Asked 4/12/08, 10:08 pm in United States Virginia Bankruptcy Law
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