How can I clear title after bankruptcy discharge in 2015 with unresolved creditor judgment?

Question

I'm looking to sell my home, which was homestead exempt in my bankruptcy discharged in December 2015, with the case closed in January 2016. However, my attorney, now a sitting judge who cannot assist further, did not file for a record of release from a creditor judgment included in my bankruptcy. I've attempted to obtain records from the court and have proof the judgment was discharged, and I've consulted with title companies on resolving this issue. How can I obtain a clean title now?

Anthony M. Avery · Answer

You might file a quiet title action against the asserted creditor. Hopefully your BR Petition included that creditor.    If not, the the SOL for collecting may have run.

James L. Arrasmith · Answer

You need to file a motion to avoid the judicial lien in bankruptcy court, even though your case was discharged years ago. This motion, often called a "Motion to Avoid Judicial Lien," asks the court to officially remove the judgment lien from your property because it was included in your bankruptcy discharge. You'll need to include your bankruptcy case information and documentation showing the judgment was part of your discharge. 
 
Once filed, the court will review your motion and potentially issue an order declaring the lien void. After receiving this court order, take it to your county recorder's office to have it recorded against your property title. This formal recording is what title companies need to see to consider your title "clean" for a sale. 
 
Given the complexity and the fact your former attorney cannot help, hiring a bankruptcy attorney familiar with lien avoidance would be worthwhile for proper filing. Many bankruptcy attorneys offer free consultations where you can explain your situation and get guidance on next steps before committing to full representation.

Q: How can I clear title after bankruptcy discharge in 2015 with unresolved creditor judgment?