Guthrie, OK asked in Bankruptcy and Collections for Oklahoma

Q: The judgment I have against my name the five years is up but the creditor was add in chapter 7 and was discharged can th

Surgical hospital sued me back in October 2017 and the surgery was in November 2012. I was served papers to answer their question and sent it back and that was the last time I heard anything but I filed chapter 7 and the surgical hospital was in it and was discharged. I tried selling my house and that is when I found out that I had a judgement against me and I never received paperwork or a court date. Can the renew the judgment if the hospital was in the chapter 7 and discharged can they renew the judgement and collect money even though it was discharged in bankruptcy? Do you go by the court when it was filed or when the judge granted the judgement.

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1 Lawyer Answer
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Bankruptcy Lawyer
  • Boyertown, PA

A: Not surprisingly, your question is missing some important facts.

General rules- Entry of a judgment, under State law, usually becomes a lien against all property in the state owned by a judgment debtor.

A bankruptcy filing does NOT discharge a perfected lien; in a Chapter 13, however, the debtor can seek to have the court invalidate a judgment lien if certain conditions are shown. But removal of the judgment lien requires a bankruptcy court order.

Whether the creditor's judgment, in your case, became "dormant"/unenforceable under Oklahoma state law is a question best addressed to an experienced lawyer authorized to practice in your jurisdiction (bankruptcy courts look to applicable state law to determine whether a claim, and especially a lien, is valid.

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