Published On: September 18, 2013

Why It is Important To Remove A Judgment Lien After Bankruptcy In Arizona, by Diane L. Drain

More than $221 billion of these loans at the largest banks will hit this mark over the next four years.

Diane L. Drain, bankruptcy attorney, retired law professor, mentor and community spokesperson.

In Arizona, once a judgment is filed with the County Recorder’s Office it attaches to all the property you own, with the exception of exempt property.  With this judgment lien the creditor has the ability seize non-exempt property.  This seizure includes garnishing your wages or bank accounts.  The creditor could also just wait for you to sell real property (not your homestead) and then demand payment.  The judgment lien will continue to show up on your credit report as long as it remains unpaid.  This judgment lien could result in a lender refusing to finance a home or car.

The discharge does not remove the judgment lien which was recorded at the County Recorder’s Office.

In order to clean up the records you need to ask the Bankruptcy Court for an order avoiding the judicial lien.

A bankruptcy will offer some protection.

judgment lienUnderstand that when a bankruptcy is filed the creditors are prohibited in pursuing you (with a couple of exceptions – child support for instance).   The bankruptcy also prohibits your creditors in seizing assets (house or car) without a Bankruptcy Court order (usually called Order for Relief from the Automatic Stay).  Once the bankruptcy is completed, your personal liability for repayment of the debt is discharged.  In other words, the creditors cannot demand payment, but they do have the right to repossess any collateral that they have a lien on, such as a loan on a home or vehicle.

The discharge does not remove the judgment which was recorded at the County Recorder’s Office.

judgment lienThis assumes the recording was done before the bankruptcy was filed in order to be permitted.   Although the bankruptcy discharge prohibits the creditor suing the judgment remains on the County Recorder’s records.  In order to clean up the records you need to ask the Bankruptcy Court for an order avoiding the judicial lien.   If the property is exempt under the law the state law then you can avoid the lien using Section 522 of the U.S. Bankruptcy Code.

One point to note is that the lien must be a judicial or a non-possessory lien, non-purchase money security interest in household goods or tools of the trade.  Tax liens can’t be avoided in a Chapter 7 bankruptcy.

Diane L. Drain, bankruptcy attorney, retired law professor, mentor and community spokesperson.

So, you will receive a discharge of your obligations if you comply with the bankruptcy processes and rules. According to http://www.baizlaw.com/practice-areas/medical-malpractice, if you obtain an Order avoiding the judicial lien then you will be putting yourself in a better position for the future when you want to finance a home or vehicle.  Your attorney will charge you an additional fee for the motion, but it is well worth it when planning for your future.

We have several videos on our web site.  Below are a few that might be of interest:

  • “Arizona Exemptions”
  • “What is a Bankruptcy Discharge?”
  • “Should I keep my home or let it go into foreclosure?”
  • “Meet Ms. Drain and Suggestions on How to Hire an Attorney”

 

 

 

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Bankruptcy is like a book.  You can stop at the first chapter and be satisfied, but for your future peace of mind you may be better off reading the entire book.  You will never know how many chapters you need unless you talk to an experienced bankruptcy attorney.

I offer free consultations.  You will never be farmed out to someone in India or a paralegal service.  Jay and I are here to help whenever you call.

By |Published On: September 18th, 2013|Last Updated: May 29th, 2022|

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About the Author: Diane Drain

Diane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.

*Important Note from Diane: Everything on this web site is offered for educational purposes only and not intended to provide legal advice, nor create an attorney client relationship between you, me, or the author of any article. Information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state. Make sure to check out their reviews.*

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“You folks are the BEST OF THE BEST in Arizona.” M.H.

You and Jay are the best attorneys I have ever had or needed and thank God for the Honorable Robert Gottsfield in recommending you folks – I would have never made it through the entire process without you and Jay and God Bless you both always and stay in touch as well. You folks are the BEST OF THE BEST in Arizona.

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“My only regret is that I didn’t find Diane sooner.” K.H.

I can’t say enough good things about Diane. The way she handled my not typical circumstances was amazing. I was very nervous to start the bankruptcy process but Diane just has a very comforting way of explaining the whole process. My only regret is that I didn’t find Diane sooner. If you find yourself in a financial situation that you can’t correct on your own, please Call Diane Drain as soon as possible.

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“Filing for bankruptcy can be a stressful life event” R.A.

Filing for bankruptcy can be a stressful life event, and selecting the right attorney can add to this stress. Diane and Jay were a pleasure to work with, and it is obvious that they are passionate about helping people get their life back on track. I would highly recommend them if you need a bankruptcy attorney.

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