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How do I get a default judgmt dissmissed, part of chap13?


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I have a judgment on my credit report from 2 weeks before I filed for Chapter 13 bankruptcy. It is from Bank of America, one of my creditors in the Chapter 13. I filed for the BK because of the court notice, but I thought my lawyer filed for BK before the court date. This is all very hazy, since this occurred in 1999.

I called up the courthouse and they said it was a default judgment. Does that mean there was a court date and I (obviously) did not show up, or can you get a default judgment without a court date?

I asked if it could be removed since the creditor was included in Chapter 13. The court house person told me that I can write a motion to dismiss and send it to the court, no appearance required, but I have to send a copy to the creditor.

Any one had any experience in this? Would a judge dismiss it because the debt was part of the Chapter 13? Can the creditor object to this? Bank o’ America did not receive any money because they did not file with the Trustee, so will they oppose it just to be contrary? The judgment will fall off my report a month before the BK, so it will be gone when the BK is gone, but it would rather get off as much negative stuff as possible.

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well if they did not file there claim in the bk you are in, the debt will be discharged after you are done with your chapter 13 and in which case the judgement becomes void and can be vacated due to bk and will come off your credit reports but i would go for vacating the judgement

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The judgment may be able to be discharged through your BK - but you have to pay it off.

If you get the judgment vacated, most likely the SOL will be up and they can't resue you. It could be worth a shot.

Kristy

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Thanks for the information. I will be sending this out shortly. I can't imagine that the bank will contest this (apparently in MD this is done by writing, no court appearance) since it would cost the bank money for the lawyer and they would get nothing out it, since the debt was discharged with the chapter 13.

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