kjunior

judgements incl in ch7 bk

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How can two attorneys not release judgements that were included in my bk? i'm in the process of purchasing a home. title company ran a search and came back with 2 judgements. i told her those were included and discharged in my bk almost 2 years ago. she then says well they won't release them and want their money at closing or they will be attached to your title and i won't be able to refi or sell the home with this. i told her that is not possible b/c the debt was discharged. she said they said b/c the debt was discharged doesn't stop the attorneys from coming after you while it's still in the statue of limitations. i need some advice on this asap!!!! My attorney i filed the bk under said their is nothing she can do b/c the case is already closed, and if i went back in to reopen the case it would cost me so much more money than when i first filed and cause all of my creditors to come back after me. i beg the difference on that, but i am not willing to reopen either. How should i handle these attorneys? if they was a problem then they should have disputed when i filed, but no creditor showed up at my 341 meeting. How can i take care of them before they attempt to do anything?

Thanks

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You need another lawyer. What you'll need to do is go back to the court where the judgment was granted and petition the court to have it vacated since the debt was discharged in bk.

Here's the applicable section of the code:

http://straylight.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000524----000-.html

(a) A discharge in a case under this title—

(1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;

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Liens are not automatically dismissed in BK. Extra paperwork is required. It cost me more $$$ to have the attorney take care of this.

bw

Your attorney files a Motion to Release Lien (or something to that effect). When the judge grants it, you have to order certified copies and then file them with the clerk of court in the county they are recorded in. This will get them off the title of your house-

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