§ 28-20-30.1 — Effect of bankruptcy on judgment lien

North Dakota § 28-20-30.1

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-20: Judgments

Text

1. If a judgment lien appears on a judgment debtor's real property and the debtor is later
the subject of bankruptcy proceedings in which the judgment lien is avoided or set
aside, the judgment lien may be terminated of record by filing a certified copy of the
bankruptcy court lien avoidance judgment.
2. A prebankruptcy petition judgment does not create a lien on real property that is
acquired by the judgment debtor after the filing of the bankruptcy petition which may
be established by filing a copy of the discharge.
3. A copy of the discharge may be filed to remove a judgment lien as a cloud on the
homestead set aside to the bankruptcy debtor.
4. Subsection 2 does not apply if the judgment creditor files a certified copy of an order or
a judgment of the bankruptcy court which declares the debt is nondischargeable. A
judgment creditor may record lis pendens stating the judgment creditor has filed a
nondischargability action in bankruptcy court. This section does not apply to debts
automatically excepted from discharge under section 523 of the United States
Bankruptcy Code [11 U.S.C. 523].
5. As used in this section, "files" or "filing" means a filing with the clerk of district court in
the county in which the judgment is docketed or transcribed.