Treatment of Judgement Liens in Chapter 7 and Chapter 13

Treatment of Judgement Liens in Chapter 7  Chapter 13

If you are facing foreclosure, you will likely want to learn about the treatment of judgment liens in Chapter 7 and Chapter 13. Both of these options can be used to get out of debt and keep the collateral you owe creditors. While Chapter 7 and Chapter 13 do not allow for the removal of junior liens, Chapter 13 does. Here are the details. To begin, you must first determine whether the lien you have on your property qualifies for an exemption. Treatment of Judgement Liens in Chapter 7 & Chapter 13

It Is Important To Note That

A judgment lien occurs when a creditor wins a lawsuit against you and secures a lien on your property. The creditor must then file documents to perfect the lien, which depends on your state law. You cannot discharge a judgment lien in a Chapter 7 bankruptcy, as you will have to file a motion to avoid the lien and obtain a court order. This means that Chapter 7 bankruptcy will not wipe out the lien.

A chapter 13 discharge is more extensive than a chapter 7 discharge. It can include debts incurred for willful injury to property, nondischargeable taxes, and debts arising out of a divorce. The discharge of these debts does not affect your ability to pay other creditors. However, it is important to note that a chapter 13 discharge will not erase debts obtained by defalcation or fraud.

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