Mannerheim

Bankruptcy Filing Dates vs. Judgement Filing Dates

Recommended Posts

Hello

I'm trying to figure out how best to handle two old judgments, as they contrast with my Ch7/Ch13 bankruptcy filings. Both judgments are listed on my credit reports as follows. (Other debts are shown as $0.00).

Date Filed: 6/13/08

Ref.: #0830288GC

Oakland County 48th District

Citibank South Dakota, NA

Liability: $6,063.00

Date Filed: 8/25/2008

Bankruptcy 13 – Dismissed

Ref.: #0860600PJS

Michigan Fed Bk Ct – Det

Liability: $0.00

Date Filed: 4/16/2009

Bankruptcy 7

Ref.: #0951913SWR

Michigan Fed Bk Ct – Det

Liability: $0.00

Date Filed: 12/3/2009

Ref.: 090719SC

Oakland County 48th District Court

John Kazanowski, DDS, PC

$238.00

What is the best way to handle/remove/neutralize these two judgments?

THANK YOU!

Link to post
Share on other sites

When did you file for BK? That will help answer the question on what to do. My guess though is that you would send a letter to the CRA demanding that they show iib, date of the bk filing, and a $0.00 balance for those 2 entries. If they come back as verified not iib, you need to send a 623 letter to the creditors requesting that they report correctly. If it still is not corrected, then you need to bring the CRA's into court for the FCRA violation and the creditors into BK court for trying to collect after BK as this has been shown as an attempt at collection from other parties that have done this in the past.

Link to post
Share on other sites
When did you file for BK? That will help answer the question on what to do. My guess though is that you would send a letter to the CRA demanding that they show iib, date of the bk filing, and a $0.00 balance for those 2 entries. If they come back as verified not iib, you need to send a 623 letter to the creditors requesting that they report correctly. If it still is not corrected, then you need to bring the CRA's into court for the FCRA violation and the creditors into BK court for trying to collect after BK as this has been shown as an attempt at collection from other parties that have done this in the past.

+1

Looks like the second judgement was filed after you received your Ch 7 discharge - right (as indicated in another post of yours in aother thread). Was that for debt incurred prior to your Ch 7 filing?

Link to post
Share on other sites

Thank you for all the good suggestions.

First, both debts WERE incurred prior to the bankruptcy filing.

Second, if I nail them both for trying to collect post-bankruptcy (which I assume is provable by the fact that they are still reporting the liability to the credit bureaus), that would indicate that I owe both "0".

If that's the case, can't I get the two judgments removed from my report?

THANK YOU.

Link to post
Share on other sites

Yes. You can have those judgements vacated.

You will need to contact your BK attorney to find out the process to get the judgements vacated. Or check the statutes in the county in which those judgements were filed.

Link to post
Share on other sites

Hey Denita

Sorry to be a pest, but I really appreciate all the help I am getting. I did consult with my BK lawyer, and he didn't quite know what to do.

Do I go back to the original court of jurisdiction for the judgments, or do I have them vacated by filing a motion in the bankruptcy court?

As you can see below, the Citibank judgment was received before I filed for bankruptcy. The smaller one from dentist was filed after filing, but the service occured prior to filing.

At the risk of sounding like a complete idiot, could you tell me what to say to the judge, when I appear before him, requesting that the order be vacated. Both of these judgments should be vacated because ...

I just want to be on solid legal grounds, and not look like too much of an idiot.

THANK YOU

Date Filed: 6/13/08

Ref.: #0830288GC

Oakland County 48th District

Citibank South Dakota, NA

Liability: $6,063.00

Date Filed: 8/25/2008

Bankruptcy 13 – Dismissed

Ref.: #0860600PJS

Michigan Fed Bk Ct – Det

Liability: $0.00

Date Filed: 4/16/2009

Bankruptcy 7

Ref.: #0951913SWR

Michigan Fed Bk Ct – Det

Liability: $0.00

Date Filed: 12/3/2009

Ref.: 090719SC

Oakland County 48th District Court

John Kazanowski, DDS, PC

$238.00

Link to post
Share on other sites
Guest
This topic is now closed to further replies.