Tazewell, TN asked in Bankruptcy for Tennessee

Q: How can I get a standing judgement removed that was discharged in bankruptcy almost 4 years ago?

Discharged in 2016. The judgement still stands in the courthouse but shows a zero balance. It no longer shows on my credit report. How do I get the judgement released?

Related Topics:
2 Lawyer Answers
W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: I'm in PA, but, assuming that TN is like most states, a judgment becomes a lien on all property of the debtor throughout the state in which it is entered.

If the judgement was entered prior to your bankruptcy, it had become a lien on your property, and pursuant to the Bankruptcy Code, you could have asked the bankruptcy court to remove the lien from 1) any property claimed as exempt, and 2) any property where there was no equity value to which the judgment might attach. This is true whether you were in a Chapter 13 case, or a Ch. 7.

If none of your assets fall into those categories, you cannot otherwise strip any of your assets of the judgment lien, and its existence enables it to attach to any assets you might acquire after your bankruptcy discharge.

It is not within the bankruptcy court's power to "release" a judgment entered by another court, other than by removing that judgement's lien against specific assets.

If the foregoing avenues for removing the judgment lien were not availed of, you may still be able to reopen your bankruptcy case to get that done.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Take a copy of the schedules listing the debt and a copy of your decree to the court clerk and that should be sufficient for them to release it.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.