CA question - do you record the BK discharge so that pre-BK judgments
Posted: Fri Aug 19, 2016 1:04 pm
It seems that lately some of my clients who didn't own real estate when we
filed BK years ago are now having that problem of old judgment liens
"attaching" to property acquired after the BK discharge. I usually just
send a copy of the discharge to the title company and they will then ignore
the old judgment.
However, I am wondering whether the creditor is obligated to record
something about the discharge in order to make sure that the judgment lien
doesn't appear to attach to after acquired property, or if I should be
recording a copy of the discharge right after the discharge is entered.
What is your approach?
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
It seems that lately some of my clients who didn't own real estate when we filed BK years ago are now having that problem of old judgment liens "attaching" to property acquired after the BK discharge. I usually just send a copy of the discharge to the title company and they will then ignore the old judgment.However, I am wondering whether the creditor is obligated to record something about the discharge in order to make sure that the judgment lien doesn't appear to attach to after acquired property, or if I should be recording a copy of the discharge right after the discharge is entered.What is your approach?Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California & District of Idaho - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067T (310) 553-2600; F (310) 553-2601
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