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    pchao4u's Avatar
    pchao4u Posts: 1, Reputation: 1
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    #1

    Jun 3, 2009, 12:45 PM
    Judgements and Bankruptcy
    Capital One, creditor filed a judgement lien on my property for $15,604.17 on May 9, 2003On June 30th, 2003, I filed Bankruptcy (Ch. 7). All my debt was discharged, including the debt with Capital One. I called the bank's atty to remove the lien since it was discharged and I was told that indeed they had the case closed out as a BK and that they were not allowed to collect or garnish wages, but that the lien does remain.

    I want to know if what they're telling me is correct. I thought if my debt was discharged then the lien would have to also be removed? Can anyone offer some advise? Thanks.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 3, 2009, 01:32 PM

    What does your Bankruptcy Attorney say? You have a final Judgment that also lists all the creditors and the amounts discharged. Is this included on that list?

    You are going to need an Attorney - if your former Attorney is no longer available - to straighten this out.

    Some loans cannot be discharged, namely child/spousal support and student loans. What is the category of your loan?
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