How are judgment liens affected by bankruptcy?


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How are judgment liens affected by bankruptcy?

Judgment liens that exist before you file your bankruptcy generally survive the discharge issued by the bankruptcy court. If the lien only attached recently, you may be able to have it set aside, but the general rule is that bankruptcy extinguishes debts but not liens. If a judgment creditor takes a judgment lien against your property, you should contact a bankruptcy attorney as soon as possible because you can generally only have the lien set aside if it attached within 90 days before you filed your bankruptcy case. If the creditor has a general judgment lien on file with a court or register of deeds, that lien will not attach to property that you acquire after your bankruptcy as long as the underlying debt was discharged in the bankruptcy. This is so even if the lien did attach to other property that you had before you filed.

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