reddog44 Posted October 7, 2010 Report Share Posted October 7, 2010 I filed BK five days prior to a court date for a civil suit. Apparently, they did not get the notification in time and were awarded default judgment because I was not present. Two days before the due date to file adversary proceedings, they filed one stating the judgment that they were awarded in the civil suit. My attorney failed to file an answer to the adversary and they were awarded judgment in the adversary proceeding.I fired the attorney and wrote my own Motion to Vacate Judgment and provided documentation showing that I filed chapter 7 five days prior to the court date, thus automatic stay was in affect.The judge granted my motion at the same time they agreed to my motion.Now they have filed a Motion For Relief From Automatic Stay, making it sound like they need to have a stay to vacate the judgment in civil court. My question: Do they need a Relief From Stay in order to vacate a civil judgment that was wrongly awarded? They stated persuant to 11 U.S.C. §362(d), which talks about property.I wouldn't think they need a Relief From Stay to vacate a judgment against me. The wording is deceiving and makes me think they are trying to trick me.Any help would be appreciated... And yes, I am looking for an attorney, but need to object to this in the meantime. Link to comment Share on other sites More sharing options...
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