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Since liens don't disappear in bankruptcy automatically, it is possible to eliminate a lawsuit judgment while still being burdened by the lien after the case Depending on the type of bankruptcy you file (chapter 7 or chapter 13), certain judgments may be discharged. Learn why one of the simplest ways to avoid this issue is by filing for bankruptcy before a lawsuit judgment is issued against you.

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Filing for bankruptcy will stop collection lawsuits from proceeding to judgment which can help prevent property liens and debts being declared nondischargeable. Most unsecured, nonpriority debt will be included in the bankruptcy discharge, even if the creditor has a judgment against you. Bankruptcy generally eliminates personal liability for judgments from unsecured debts

These include credit card balances, medical bills, personal loans, or overdue utility bills

Even if a creditor obtained a judgment for these debts, the bankruptcy discharge makes it unenforceable against the debtor personally. The attachment of a judgment to a debt does not change the debt's eligibility for discharge through bankruptcy, and judgments associated with debts such as these are typically eliminated in the bankruptcy process. If you were sued for unpaid credit card debt, filing for bankruptcy—especially chapter 7 or chapter 13—can eliminate both the debt and the judgment, as long as the credit card company doesn’t challenge it. A simple way to prevent issues with judgment liens is to file for bankruptcy before a creditor receives a state court judgment

Also, if you forget to remove a judgment lien during bankruptcy, most bankruptcy courts will let you reopen the case and file the avoidance motion. Filing for bankruptcy will discharge you from any personal liabilities including debts that you owe to creditors However, it’s important to note that once a judgment been filed and a lien is placed on your property, bankruptcy will not be able to remove that lien. Bankruptcy can discharge many types of debts, including judgments

However, the process isn’t always straightforward

Our guide walks you through how bankruptcy affects judgments, what you need to consider, and the steps involved in the process. In most cases, the bankruptcy court will treat a debt that has been reduced to judgment the same way it would have treated that debt before you were sued