Expert: Barnette Law Offices, LLC - 10/21/2008

Question
HERE IS THE ISSUE.  I FILLED BANKRUPTCY UNDER THE OLD LAWS.  I BOUGHT MY HOUSE TWO YEARS AGO AND WENT TO REFINANCE MY HOUSE THIS YEAR.  ALL OF A SUDDEN I AM FINDING A JUDGEMENT THAT IS 10 YEARS OLD AND WE FILED ON IT.  THE CREDITOR HAS RELEASED THE DEBT BUT THE LAW OFFICE FOR THE CREDITOR WILL NOT DISCHARGE THE JUDGEMENT IN THE COURT.  WHAT CAN I DO TO GET THE JUDGEMENT OUT OF THE COURT WHEN THE CREDITOR STATED THE THE DEBT IS DISCHARGED?

Answer
Christy:

  Under the BK code, all debts prior to a discharge are in fact discharged whether or not they show as such on your credit reports and even if it wasn't included in your matrix.  In other words, it is discharged and thus, not collectable.  Your lender, if knowledgable, should know it doesn't present a potential encumbrance and thereby, it shouldn't be an issue.  If it is, go elsewhere.

         Jason W. Barnette
         Barnette Law Offices, LLC
         http://barnettelawoffices.net
         615-585-3885