Jump to content

BK and judgments


punkenhead
 Share

Recommended Posts

In reading many of the posts in this forum, I keep coming across the same thing...bankruptcy is more difficult to file if there are judgments involved. I am in the process of filing pro se and have a recent judgment against me as well as an old judgment. How do these judgments affect BK7 or make it more difficult to file?

Link to comment
Share on other sites

In reading many of the posts in this forum, I keep coming across the same thing...bankruptcy is more difficult to file if there are judgments involved. I am in the process of filing pro se and have a recent judgment against me as well as an old judgment. How do these judgments affect BK7 or make it more difficult to file?

It depends on the type of judgment and the state you live in. DUI judgments are not discharged. In some states, other fines aren't dischargeable. It's not that much more difficult to file, you just have to take each one into consideration and plan appropriately.

Link to comment
Share on other sites

Yes, but the lawyer that I spoke with claims that you can't get a judgment vacated or wiped clean with a bankruptcy. He did say that it makes the judgment "unenforceable". I'm going to test that when I get discharged. Still searching for someone who has successfully vacated a judgment using BK7. Would be nice to get that judgment off of my credit report before 2010!

I filed BK7 Pro Se. I had a BK Lawyer look over my paperwork (he did it for free!). He suggested that I not hire him, but file Pro Se.

As far as the judgments go, he told me to write a letter to the clerk of courts where the judgments were. He told me to include in the letter:

My Case Number for the Bankruptcy

My Case Number for the Judgment

A short paragraph asking the court to take appropriate action with the information that I provided

I also included a copy of my receipt from the BK Court and a copy of the "Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines".

Also, make certain that you add the creditor associated with the underlying debt for the judgment to the appropriate schedule (D,E or F).

I originally was just going to add the clerk of courts to the "Schedule F". He told me that was not sufficient, because when the court mails the notice to creditor (from your mailing matrix), the account numbers/case numbers are not on it. In short, the clerk of court would not know how to apply it. They need the Judgment Case Number.

He also told me to repeat the procedure once I get my Discharge. This should keep any judgment or judgment lien from being enforceable.

I also found that a new complaint had been filed against me that had not been served to me yet. It was reported on my TU CR. They attempted to serve papers to a bogus address. Fortunately, they had not received a default judgment yet (all of my judgments were default with no papers ever being served to me). I did the same thing as I outlined above except that I also sent the Notice to the Plaintiff’s attorney. I got a letter from the Plaintiff’s attorney of the motion that they filed with the court to dismiss based on this information.

I also managed to get one of the judgments vacated before BK. If I had been able to get all of them vacated, I would not have even filed. Ohio has a 21-year SOL on judgments. Our SOL laws stink as well on credit, but that is another story.

I struggled for months trying to figure this out on my own with no clear answer. Nobody was ever able to give a clear answer to this question. Hope this helps!

Link to comment
Share on other sites

but the lawyer that I spoke with claims that you can't get a judgment vacated or wiped clean with a bankruptcy

What he may have meant was that the bankruptcy itself won't vacate the judgment. Bankruptcy makes the judgment null and void and therefore you can get the judgment vacated later thru civil procedures.

Link to comment
Share on other sites

No disrespect intended LNR......but that is not what he said or meant. I asked specifically. If it can be vacated/dismissed through other civil procedures, he is not aware. I have talked to several BK attorneys in my area as well. I suspect that they don't understand the law and that you are correct. Would like to see some case-law on it.

I have some experience in vacating judgments. I was successful once and the other was not. Vacating judgments does not nullify the judgment either. It puts you at ground zero as if the complaint was just filed. You then must defend yourself. A dismissal is ultimately what you want.

The procedure that I mentioned in my last message for notifying the court is exactly what he would have done if he would have filed BK for me.

I also suspect that you could get the judgment removed from your credit report by claiming to the CRA that it is null and void. Just a thought. Doubt that they would know how to handle it.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.