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Lien Removal in Phoenix

Bankruptcy Attorneys Can Remove Judgment Liens

The main thing to understand when dealing with liens against your property is to know that liens survive the bankruptcy process unless special action is taken with the bankruptcy court.  In many cases, when people file for bankruptcy, creditor debt was discharged, but chances are that existing liens were not.

CALL US at (602)509-0955
CALL US at (602)509-0955

What is a Judgment Lien?

A Judgment Lien is simply a lien that is ordered by the court.  For example, a judgment lien can be placed against a home or property when an owner fails to pay a debt.  Another key point, judgment liens can be placed for any number of debts.  Debts such as, failure to pay medical bills, credit cards, utilities, or other bills.  Basically, any bill that can be used to take an individual to court; especially, once perfected, can result in a judgment lien.

In a lot of cases, individuals, families, and even businesses have recorded liens against them.  In some cases, they may not even be aware.  This includes liens recorded in areas such as Phoenix, Maricopa County, Arizona and surrounding communities.  Contact our debt relief office and let our Phoenix Bankruptcy Lawyers check to see if you have a judgment lien or if garnishment paperwork has been filed against you. 

Removing Judgment Liens in Bankruptcy

October 11, 2009 by · Leave a Comment
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A major source of confusion among people who file for bankruptcy is whether debts on which there is a judgment or lien can be removed (or discharged) in a bankruptcy case.   Part of the confusion comes from misuse of the the terms judgment, lien, and discharge.

Whether a debt is dischargeable or not depends on the type of debt it is, and how it was incurred.  For example, debts incurred through fraud are not dischargeable.  Neither are certain tax debts, domestic support obligations, or student loans. For more information on which debts are not dischargeable,  see http://www.bklaw.com/discharge.html

A Judgment is Not a Lien But a Lien Can Be Created From a Judgment

It is important to understand that a judgment and a lien are not the same thing.    A lien is a right to get paid from a specific asset/property.  A judgment, however,  is merely a court order that allows a creditor to pursue collection actions against someone (including creating a lien against assets).    Depending on the laws of the state involved,  such collection actions can include getting a lien against property, or wage garnishment, or seizures of bank accounts, etc.    But as far as discharge in bankruptcy goes, a debt on a judgment is no different than any other debt that doesn’t yet have a judgment–they are dischargeable in bankruptcy unless they meet one of the exceptions set forth in 11 U.S.C. 523, as described above.

Liens Remain Against Property After Bankruptcy Unless Removed

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).   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.

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.

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.  To see more on exemptions, visit

– See more at: http://www.bklaw.com/bankruptcy-blog/2009/10/removing-judgment-liens-in-bankruptcy/#sthash.h5i3537j.dpuf

Effects of a Judgment Lien

When a property has a judgment lien placed against it, it can’t legally be sold without that lien being paid.  This is the primary purpose that people file liens.  It is possible to have a judgment lien on your property even after filing for bankruptcy protection.  A debt-holder with a judgment lien cannot demand or force sale of the property at his or her will, and has to wait for the sale of the property to collect the judgment lien that they have placed.

Call (602)509-0955 for a FREE Judgment Lien and Bankruptcy Consultation NOW!!!

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Call (602) 509-0955 to set an appointment with one of our Phoenix Area Bankruptcy Lawyers.

It is important to understand that a judgment and a lien are not the same thing.  A lien is a right to get paid from a specific asset/property.  A judgment, however, Is merely a court order that allows a creditor to pursue collection actions against someone (including creating a lien against assets).  Depending on the laws of the state involved,  such collection actions can include getting a lien against property, or wage garnishment, or seizures of bank accounts, etc. But as far as discharge in bankruptcy goe – See more at: http://www.bklaw.com/bankruptcy-blog/2009/10/removing-judgment-liens-in-bankruptcy/#sthash.h5i3537j.dpuf
Our Phoenix bankruptcy lawyers are located in Phoenix, Arizona, and serve bankruptcy clients in Scottsdale, Phoenix, Glendale, Tempe, Mesa, Chandler, Pleasant Valley, Avondale, Cashion, El Mirage, Peoria, Sun City, Sun City West, Tolleson, Youngtown, Gilbert, Queen Creek, Casa Grande, Surprise, Prescott, Marana, Tucson, Flagstaff as well as Pima, Pinal, and Maricopa County.
“judgment lien” is simply a lien that results from recording a judgment, – See more at: http://www.bklaw.com/bankruptcy-blog/2009/10/removing-judgment-liens-in-bankruptcy/#sthash.h5i3537j.dpuf
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).   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. – See more at: http://www.bklaw.com/bankruptcy-blog/2009/10/removing-judgment-liens-in-bankruptcy/#sthash.h5i3537j.dp
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).   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. – See more at: http://www.bklaw.com/bankruptcy-blog/2009/10/removing-judgment-liens-in-bankruptcy/#sthash.h5i3537j.dpuf

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).   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.

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.

– See more at: http://www.bklaw.com/bankruptcy-blog/2009/10/removing-judgment-liens-in-bankruptcy/#sthash.h5i3537j.dpuf

 “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).   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.

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.

– See more at: http://www.bklaw.com/bankruptcy-blog/2009/10/removing-judgment-liens-in-bankruptcy/#sthash.h5i3537j.dpuf

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).   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.

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.

– See more at: http://www.bklaw.com/bankruptcy-blog/2009/10/removing-judgment-liens-in-bankruptcy/#sthash.h5i3537j.dpuf

Removing Judgment Liens in Bankruptcy
Removing Judgment Liens in Bankruptcy

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