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I didn't get a satisfactory answer. So I'm

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Angilix

Member
rephrasing as I think I wasn't clear the first time. When I filed CH 7. I received a package from the clerk that spoke of Lien Avoidance. It basically said that some liens can survive bankruptcy unless a Motion to Avoid Lien is filed. All the documentation I've read on this seem to be talking a bout liens on real estate and others just say Liens on property. I consider my paycheck my property. This will be tererrible for me as Liens are a third of the reason I'm filed. I had a judgement Lien and my pay wqas garnished.. The automatic stay stopped that, but after the discharge can the Credt card company still come after my paycheck because of the Lien?

State of AZ.
 


Ladynred

Senior Member
No. The bankruptcy discharge VOIDS the judgment that caused the lien in the first place. The underlying debt gets discharged, the judgment is null and void. You must still get the judgment vacated post-discharge though.

Lien avoidance is generally done if a lien impairs the exemption.
 

Angilix

Member
What's going on?

Thanks for your answer by the way Lady. hello again.

I received a RELEASE OF WRIT OF GARNISHMENT from the attorneys for my credit card today. I wonder why they bothered to do that. If my bankruptcy doesn't get discharged, then doesn't that mean the judgement and the garnishment are still valid. Why not wait until they know for sure my bankruptcy will be discharged. What are they up to?

P.S. I asked them nicely before I filed to release the garnishment and they said no. Now this.
 

Ladynred

Senior Member
Well, if you don't get your discharge, then you'll be back to square one and the judgment will still be valid. They can refile the writ of garnishment. They probably figure you'll get your discharge so they withdrew the first writ.
 

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