REMOVING Judgements post bankruptcy

[glad2hunt]

I have posted this in general credit repair forums online and no-one seems to have good information.

Here are the facts:
-went to lawyer in 2005 to begin and file bankruptcy: took MANY debts and submitted proper letters. Had one specific debt that was from an individual for a vehicle that he wanted me to refund partial payment for since he had trouble starting it etc. He sent me a letter from an attorney asking several thousand dollars.
-I THOUGHT my lawyer sent proper notice to this person, and he may have.
-I THOUGHT this debt was included in the schedule of debtors/initial filing.
-I HAVE TRIED to contact my lawyer at that time, and he has responded saying he no longer deals with bankruptcies..and now does not respond to emails and his phone number disconnected (oops!). Therefore, I do NOT HAVE documentation providing we included this in initial filing.
-THE DEBT per the plaintiff occurred BEFORE my filing. The JUDGEMENT OCCURRED after BK discharge.
-I have done online disputes with credit bureaus attempting to get them to recognize this as supposing to be included in my BK, but with out proof, all the courts send back is 'verified'.

WHAT SHOULD I DO?

I have researched and found some language that indicates that ALL debts regardless if we placed into documentation 'should' be accepted as included. Can I simply make this case in writing to the court and ask them to remove the judgement? I do not think we have ANYTHING about the debt at all but I DO NOT WANT A JUDGEMENT on my credit, especially being that I paid and paid for my BK to keep this from happening.

HERE IS THE EXCERPT FROM ONLINE:
The majority view is that adding creditors after a final discharge is unnecessary. According to 11 U.S.C. Section 727(b), a discharge releases a debtor from all debts that arose before filing. This general rule is subject to few exceptions. Courts reason that the omission of a creditor cannot change dischargeability. Once a creditor has notice of discharge, even after a final order, a potentially dischargeable debt is unenforceable. The Sixth Circuit confirmed the majority view when rendering In re Madaj, 149 F.3d 467, 468 (6th Cir. 1998). Debtors nevertheless frequently file motions to reopen cases and add omitted creditors. Bankruptcy courts tend to indulge these motions liberally even though adding a creditor is unnecessary.

[drowning123]

I'm interested in this myself.

[dumpinmydebt]

I'd inform that lawyer that you will be filing a complaint with the Bar if he keeps ignoring you. The judgment should not have been issued since you were in an active bankruptcy. Now the judgment needs to be vacated.

Have you tried looking up your case on Pacer? It would have all of the documents filed so that you would know what was submitted.

[oregonpilot]

That was my first thought too...checking the creditor matrix in your Pacer documents.

[free2breathe]

You should, at the very least, be able to contact the court and ask for a copy of the original petition. There may be a fee for this service. Also, was your case a non-asset Chapter 7? If so, then most courts do hold that all debts incurred prior to the petition for bankruptcy would be considered discharged.

What needs to be done with the judgment is not just disputing it with the credit bureaus though. You must file a motion to vacate the judgment (as dumpin stated). You can probably do this yourself with a little research, but without the motion, the judgment doesn't just go away. You would need to contact the court where the judgment was obtained and ask the clerk what you need to do to file this motion.

[chicagoannie]

Can someone answer this? I have 2 civil judgments that do NOT show up on any of my credit reports. Of course, I included them in my Ch 7 and once they are discharged I will file the motions to vacate. The question is...if they are not on my credit reports, how can I tell if they do show up somewhere, like in a background check? Also, once the judgments are vacated, does that mean that no one will then be able to see that I ever had them? Thanks!

[glad2hunt]

Ok, I found my records in PACER.. and NO, that person was not listed in my list of creditors... I see 3-amendments that my lawyer made..and I know that we spoke to him and provided general information about this person who took us to small claims. Honestly, this was the FIRST item we discussed when we considered BK since it was the most person (First time anyone had threatened a lawsuit over a business transaction).

I KNOW that I could file a complaint with the Bar, but honestly that is just one more web that I would have to work my way through. I would like to do it the easiest route and just hit the court first, and go from there.

Since it is NOT in the original creditor listings, what should I do now? I see that my discharge date was AFTER the filing of the judgement.. however the open date of the BK was BEFORE the judgment date?

[dumpinmydebt]

You will probably have to file a motion to vacate the judgment.

[df04527]

Were you a no asset case?