Asked in Bankruptcy for Utah

Q: I have 2 judgments, but filed chapter 7 after they were placed. Can they be renewed even though the debt was discharged

The debt has been discharged with the creditors but the judgments don't expire for a couple more years. Is the creditor able to renew the judgment even though the debt has been discharged?

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2 Lawyer Answers
Michael Sundwall
Michael Sundwall
Answered
  • Bankruptcy Lawyer
  • Bountiful, UT
  • Licensed in Utah

A: This answer assumes that you reside in Utah and the judgments were entered in Utah. If you reside in another state, the law on enforceability and renewable of judgments will vary. In Utah, if the judgments were entered prior to your bankruptcy filing, and if the judgment creditor filed the proper paperwork with the County Recorder, then the judgments serve as a valid lien against any real property (home, condo, land) that you own in the county in which the judgments were recorded. If that is the case, your bankruptcy attorney can generally file a routine motion to have the judgment liens avoided through the bankruptcy case. Once a court enters an order avoiding the judgment liens, they are no longer valid and any attempt to renew the judgment would be a violation of the 'automatic stay' or 'permanent injunction' of the bankruptcy laws. If you own real property and no motion to avoid liens was filed in your case, the judgment liens would still be valid and could be renewed to serve as liens against real property. If you own no real property, the answer is much simpler. The judgments (if properly listed and sent notice in your bankruptcy case) have been discharged along with all other unsecured debt and cannot be renewed without violating the law.

Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: The short answer is that they can not enforce the judgment against you personally, but if they did not void the judgment in the bankruptcy court then the lien could still be on your property.

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