Can a Judgment Lien Placed on My House for Credit Card Debt Be Discharged in Bankruptcy?
Bankruptcy eliminates debt but not necessarily judgments those debts underlie.
Judgment Lien Issues
A judgment lien on a home can affect its title history, often making the home difficult to sell. Judgment liens attached to a home don't automatically disappear even after those liens' debts are discharged in bankruptcy. When homes show judgment liens on their title histories, title companies often refuse to clear those titles so those homes can sell. Additionally, judgments may still be found on the major credit bureaus' records even after their underlying debt is discharged in bankruptcy.
Judgment Removal Process
Keep in mind that judgments themselves aren't debt. Judgments are orders from courts that help creditors collect money owed them. Because bankruptcies don't eliminate judgments, only the debt underlying them, you'll have to file suit with the courts that issued those
judgments to have them removed. Typically, bankruptcy attorneys include judgment removal as part of a bankruptcy package. They frequently do this by filing judgment removal applications along with bankruptcy discharge paperwork, also arranging for any hearings on judgment removal.
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