Category Archives: Discharge Order

Removing a Judgment Lien in Bankruptcy

Judgment creditors will often place a lien on the judgment debtor’s home as one of the first steps taken to collect the judgment.  In California, the creditor creates the lien by recording an Abstract of Judgment at the county recorder’s office.  Although lawsuits and having a lien placed on your home are serious matters, bankruptcy…

Should My Wife File For Bankruptcy Too?

Question:  I live in California and have a lot of debt from when my business failed,  My wife wasn’t really involved in the business and we want to protect her credit rating. Does she have to file for bankruptcy with me if I file? Answer: The general rule is that the bankruptcy discharge only protects…

Enforcing a Bankruptcy Discharge Order

So your bankruptcy is over and you have your discharge order, but there is a creditor that just won’t leave you alone.  What happens now?  You need to go back to court to enforce the discharge order. In the recent case of Barrientos v. Wells Fargo Bank, the 9th Circuit Court of Appeals ruled that…

Bankruptcy Basics: The Discharge Order

The main reasons that people file bankruptcy are to stop creditor harassment and get rid of their debts.  For individual debtors, the normal conclusion of a successful bankruptcy results in the entry of a discharge order.  But what exactly is a discharge order? A bankruptcy discharge is a federal court order that prohibits the collection…