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Morgan

Post BK - Judgments/Liens/Collections

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Filed Chapter 7, Creditors Meeting was on 9/11/03. Yesterday, I received a collection notice from an account that was included in the BK. I assume I just need to mail them the discharge papers? Is there a particular cover letter to include as well?

Also, a judgment was placed against me months before my BK filing. I included this account in my BK. However, one week after my creditors meeting, I received a notice that the judgment is now a lien. I have no property except for my car loan so I am assuming this is what the lien was placed on?? It doesn’t say in the papers. How do I go about removing this lien? My lawyer says all he has to do is write a letter to the attorney who placed the lien asking for removal. This sounds unrealistic to me. I thought the judgment and lien were two separate entities. Meaning, first my lawyer should file a motion to vacate the judgment and then have the lawyer remove the lien. Advice please.

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What you need to do with the collection letter is to call whoever sent it to you and remind them that they are violating the automatic stay of your bankruptcy and give them your BK case number and the contact info for your lawyer.

As for the judgment and lien .. if the lien was recorded against whatever AFTER they were notified of your bankruptcy, then they broke the law as well. Placing a lien is considered continued collection activity as anything to do with that judgment should have been stayed by your BK filing. The lien, if done that way, is illegal and should be no problem to remove. Listen to your lawyer.. he's dead on correct since it sounds like the lien was placed illegally anyway.

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