Legal Question in Bankruptcy in Virginia

Is a judgment dischargable in a chapter 7 in VA

I am working on a refinance and the borrower has a judgment which was filed against him from a credit card company in 06/04. He filed chapter 7 bko 12-04 which was discharged 03/05. Was this judgement discharged in the bko or can it still attach to the home? It is currently not against his home now.


Asked on 10/08/08, 9:41 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Is a judgment dischargable in a chapter 7 in VA

If the judgment was not recorded in Circuit Court so as to be a lien on the property before the bankruptcy, it cannot attach after discharge unless it was excepted from discharge either by law (i.e., child support, student loans, certain taxes), or by order of the bankruptcy court.

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Answered on 10/08/08, 11:41 am


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