If I file bankruptcy does that get rid of judgments that are already filed against my Texas homestead?

Yes, but the best practice is to file a "motion to avoid judgment lien" during your bankruptcy.

If you have an "abstract of judgment" recorded in your county and you own a home in that county, and the judgment is for a debt that will be discharged or cancelled in the bankruptcy, it qualifies to be "avoided" or cancelled during the bankruptcy, if a timely motion is filed.

But be sure your lawyer files a "motion to avoid judgment lien" during the bankruptcy. There are other ways to get rid of it but the simplest and quickest is to a file a motion.

A recent Memorandum Opinion by U.S. Bankruptcy Judge Letitia Z. Paul explains the laws involved in such a motion. In re Brown, U.S. Bankruptcy Court, SD Texas 2014.

J Thomas Black
Board Certified, Consumer Bankruptcy Law- Texas Board of Legal Specialization