Judgment liens and Bankruptcy

Judgment liens are quite common. For example, you owe on a defaulted credit card debt, creditor sues the debtor, gets judgment and then places a judgment lien on the debtor's home. Without getting into the particulars of judgment liens, such as expiration, tolling etc., Michigan has a statute that specifically ties into bankruptcy.

That statute is MCL 600.2809, and when this debt is properly listed in a bankruptcy petition, and the creditor was in fact given proper notice of your bankruptcy filing, that judgment lien is extinguished upon receiving your bankruptcy discharge and recording with your county register of deeds.

Not all debts are dischargeable, and therein lies the rub. Thus, only dischargeable debts are subject to the judgment lien being extinguished, and again only contingent upon the debtor listing the debt, providing proper notice to the creditor, and receiving a bankruptcy discharge and subsequent recordation. Having an experienced bankruptcy attorney ascertaining whether the types debts the debtor has is dischargeable or non-dischargeable when reviewing the extinguish ability of the judgment lien is mightily important, as well as necessary in general.

The purpose of this blog is not to provide legal advice, but to merely give you an understanding of some of the benefits of receiving debt relief. However, if you intend on pursuing a bankruptcy, there are many complexities and nuances and that some issues, if not identified prior to a bankruptcy filing can create major problems on the debtor who files for bankruptcy relief. I always find it best advice to hire an attorney who specializes in bankruptcy law, as there are too many pitfalls that await an individual who is not fully prepared to understand all the potential issues.

If you are struggling with too much debt, being garnished by a debt collector, medical debt, behind on mortgage payment, behind on vehicle payments etc., then please CALL US TODAY at 989-891-9780 for your free initial bankruptcy consultation. It is always good due diligence on your part to know all your options at your disposal to deal with this financial distress you find yourself in.

I have over 18 years of experience filing successful chapter 7 and chapter 13 cases, and would love to help you! I am so concerned about my clients that I have a 7-day availability to meet with them. Call me at (989)891-9780, even on weekends and if it’s late at night leave me a message, we will return your call/message. Call and schedule your FREE initial bankruptcy consultation, You can also schedule your free bankruptcy consultation on our website at www.gwkpllc.com

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