#Liens

A “judgment lien” is simply a lien that results from recording a judgment, as described above (as opposed to a lien created voluntarily, such as a mortgage).

A judgment lien¹ is not automatic.

First, the creditor must obtain a #judgment from the court.

Then, to create a lien, it must be perfected under applicable non-bankruptcy #law (usually the state or county in which the asset is located). For real #estate, this usually involves obtaining a certified abstract of the judgment from the court that issued it, and recording it with the county recorder’s office wherever the #property is located that the creditor wants the lien to attach.

This lien will remain against whatever property it is “attached” to on the date the bankruptcy case is filed after the bankruptcy discharge has been entered, unless it is specifically avoided (removed) in the bankruptcy case.

Why? Because the bankruptcy #discharge only eliminates the debtor’s personal liability on the debt.

It does not affect any property’s liability on a debt.

Sometimes Judgment Liens Can Be Removed in Bankruptcy

So, can one get rid of (avoid) a judgment lien in a bankruptcy case? If certain requirements are met, yes.

The bankruptcy code section that states this is 11 U.S.C. 522(f), which allows a lien to be removed to the extent that it impairs an exemption to which the debtor would have been entitled in the absence of the lien.

This is basically a mathematical calculation, and depends of course on the value of the asset, the amount of any senior liens, and the amount of the available #exemptions (usually governed by the laws of the State where the bankruptcy case is filed, but not always), as well as when the lien attached to the property.

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Saedi Law Group are experienced Atlanta #bankruptcy #lawyers who have been helping Georgians file for bankruptcy for over 20 years.

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