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Tex. Prop. Code § 52.042

DISCHARGE AND CANCELLATION

Applied in 3 court decisions — leading case Hageman/Fritz, Byrne, Head & Harrison, L.L.P. v. Luth (2004)

Most recently applied in Christopher Moser v. Leslie Schachar (September 2015)

Added by Acts 1993, 73rd Leg., ch. 313, Sec. 3, eff

How often courts cite this section

20042010201510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A judgment is discharged and any abstract of judgment or judgment lien is canceled and released without further action in any court and may not be enforced if:

(1) the lien is against real property owned by the debtor before a petition for debtor relief was filed under federal bankruptcy law; and

(2) the debt or obligation evidenced by the judgment is discharged in the bankruptcy.

(b) A judgment evidencing a debt or obligation discharged in bankruptcy does not have force or validity and may not be a lien on real property acquired by the debtor after the petition for debtor relief was filed.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.