By: Daniel Stone
Share This Post
Can my judgment be wiped out through the bankruptcy?
Yes. In most circumstances, even if your creditor obtained a civil judgment lawsuit against you (this is where credit card and medical creditors obtain judgments), you can still file a judicial lien avoid motion with your bankruptcy. Even if you have some equity in your home, in most South Carolina bankruptcy cases, your attorney will be able to avoid or wipe out the lien. What if you do not own any real estate? In this case the judicial lien avoid motion is not needed because the judgment only attaches to real property. Finally, there is the procedural issue of actually getting the county where the judgment is enrolled to remove the judgment. First, I would contact the judgment creditor and demand that it be removed. A second way is to bring a motion in the county where the judgment is enrolled to have it removed due to the bankruptcy order you have obtained.