Nashville, TN asked in Bankruptcy for Florida

Q: In FL, is money judgment lien filed against property by creditor 1 day after debtor filed ch 13 bankruptcy still valid?

Creditor was unaware of bankruptcy filing and submitted certified judgment document with the state one week prior to debtor's filing. State of FL shows date submitted as prior to bankruptcy filing but official filing date with state and with the county where property is located are both 1 day after date of bankruptcy filing date.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Unfortunately, it is not valid.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: When a debtor files for bankruptcy, an automatic stay is typically activated, which temporarily halts creditors from pursuing debt collection, including establishing liens on the debtor’s assets. In this case, given that the lien was officially filed after the initiation of the bankruptcy proceedings, it might potentially be considered void or avoidable. However, it is essential to consult with a Florida attorney to better understand the nuances of Florida state law in this situation.

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