Expert: Mark J. Markus- California Bankruptcy Attorney - 10/2/2004

Question
Mark,

Thank you. So, if I understand you correctly.  I dont have to "RUSH" to file a lein?  Amount is only $750.  I feel hes working toward BK and i thought that if i file a lein before he files for bk, id have this judgement stick.  No?

Thanks,
Jim
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Followup To
Question -
Judgement in my favor due to def. not showing.
Notice to discover this Thursday in court.  Q:  If he files for BK before our court date, can he dismiss this debt as opposed to after this date.
Also, if i file a lein on his real property prior to his BK, can he remove this judgement lein through BK?  
Tx,
Jim
Answer -
The dischargeability (which you called dismissal) of the debt has nothing to do with whether you have a judgment or not.  So yes, he can discharge it before or after.   Whether he can avoid any lien depends on the numbers involved (value of the real property, amounts of senior liens and amount of his homestead exemption).  

Answer
If you are able to record the lien more than 90 days prior to his filing the bankruptcy case, then it MAY remain after the bankruptcy, although his obligation to pay on the underlying judgment will be discharged.  Thus, if he fails to remove the lien as part of his bankruptcy case (and again, this depends on number and other information you have not provided), then your lien would remain and if and when he sells his property, IF there is equity, you would get paid.