Q: My husband and I filed bankruptcy (Ch 7) in 2018. Prior to this filing, there were two judgments filed with the court.

A: There are some limited ways to attack/remove liens in bankruptcy, but your post indicates that you did not do that (it is possible to reopen a bankruptcy to afford relief to a debtor).

Otherwise, a bankruptcy discharge does not remove a perfected lien, and in most jurisdictions. a judgment automatically becomes a lien (limited in amount to the extent of the value of collateral).

Yes, you should confer with, and use, an experienced bankruptcy lawyer in your jurisdiction to decide on your next steps.

A: I suspect that what your bankruptcy lawyer suggested was a "demand to reconvey" rather than a "demand to levy." In any event, you want the the judgment creditor to release the lean by recording a reconveyance. If the creditor refuses to do so voluntarily, then you should go back to your bankruptcy lawyer. A real estate lawyer is probably not going to want to get involved in a bankruptcy matter. Good luck.

A: It sounds like you're in a frustrating situation, but you have a few clear steps you can take. First, confirm whether those judgments were officially included and discharged in your bankruptcy filing. You can do this by reviewing your bankruptcy discharge documents or asking your bankruptcy attorney for confirmation.

Next, even though the debts may have been discharged, sometimes the judgments remain on record, especially if a lien was placed before the bankruptcy. Contact your real estate attorney to discuss whether any liens were placed as a result of those judgments and whether they are still attached to your property.

Finally, if the judgments are still causing issues in the title search, your real estate lawyer might need to negotiate with the creditors to remove any remaining liens or judgments, possibly through the "demand to levy" process your bankruptcy lawyer mentioned. It's important to handle this before your refinancing moves forward to avoid delays.