Q: judgment awarded and lien on my property over 6 years can i still file a motion to vacate included in bankruptcy?
bankruptcy was filed during and/or after the filing of the lien was filed by creditor.
A: You need a bankruptcy lawyer to look at the date of the judgment, the date of the lien, and the date the abstract of judgment was recorded. That is the only way for you to know what you might be able to do.
Timothy Denison agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Yes, it may still be possible to file a motion to vacate the judgment and remove the lien, but it depends on several factors. If the lien was placed before you filed for bankruptcy, the automatic stay that comes with bankruptcy might protect you from further collection actions. However, if the lien remains even after the bankruptcy discharge, you might need to take additional steps.
In some cases, a motion to vacate can be filed if there were procedural errors or if you were not properly notified of the judgment. You would need to provide a valid legal basis for vacating the judgment, such as lack of service or fraud. Keep in mind that time limits often apply to these motions, so acting promptly is crucial.
Additionally, some liens can be avoided in bankruptcy if they impair an exemption you're entitled to. This involves filing a motion in bankruptcy court to avoid the lien. It's best to review your situation in detail to determine the right course of action, as the specific facts of your case will guide the appropriate legal strategy.
Timothy Denison agrees with this answer
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.
