Judgments and Bankruptcy

Bankruptcy Attorney

A judgment is a determination by the court regarding a lawsuit. It is usually brought on by nonpayment on loan. With some types of legal judgments, bankruptcy can be an effective way to stop legal action.

If your creditor wins a judgment against you, they can arrange for the sheriff to seize specific items on your property. An “attachment and execution” is where an item can be taken by the sheriff even if that property was not collateral for the loan.

Lien on Your Home

A judgment that remains unpaid can turn into a lien on your home. Unless the home is exempt, the creditor can force the sale of the house. If the home is exempt from being seized, the judgment lien will remain in effect until the property is sold and the money will be collected then. If the property is seized, it will be sold at a public auction, and the money sent you your creditors.

You can prevent the seizure of exempt property by filing the proper paperwork known as a notice of exempt property.

Bankruptcy

Filing bankruptcy will usually get rid of the lien. If the property is exempt in bankruptcy, then the lien can be removed entirely. If the judgment does not create a lien, then the debt is considered unsecured and can be eliminated.

If you have received notice that you are being taken to court and worried your creditor might receive a judgment against you, or if you already have a judgment in place, contact a Cincinnati bankruptcy attorney to find out if it can be removed and possibly wiped away.

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