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What is the benefit of trying to vacate a Judgement discharged in BK CH7? Or can you?

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    What is the benefit of trying to vacate a Judgement discharged in BK CH7? Or can you?

    Hello,

    My husband and I filed Ch7 in 2010 in Connecticut and had a successful discharge. I then filed Ch 13 (house in my name) to save house and what not...now I am 14 months into my 5 year plan with no issues. I have a couple of questions about vacating the judgements for both of us.

    1.) My hubby had no liens, so the judgements were never acted upon, but sought. They sit out there in public record.
    a)Can we file a motion to vacate the judgements for him?
    b)Should we do this to clean up CR?
    c)Is there truly a benefit to getting the judgements vacated?

    2.) Since I have the house, the judgements against me were also granted liens on my property. I paid the extra to my attorney and got them stripped in my Ch13. I filed the paperwork with the city clerk and the strip is listed/recorded when you look online at the property liens website.
    a)Can I file a motion to vacate the judgements for me?
    b)Is there a benefit to me to do this (I have 46 months left of CH13)
    c)Do the public records fall off in 7 years? and when does the time start ticking?

    Any help would be appreciated...since it is $70 a pop for each lien to file the motion in the state of CT.

    Thanks
    Kasey13

    #2


    BUMP! I'd like to know too if anyone has an answer.

    Comment


      #3
      this is why it is so important to vacate those judgements.

      just because your bk was discharged those judgements will remain on the record.........following and creeping up when you least expect them and they will smack you right in the face. it doesn't matter than the debt was discharged, the judgments can be renewed and stay and hurt you forever, not just the 7 years.

      in some states there is a waiting period before you can file to vacate a judgment...i.e. florida is one year, while new jersey you can file immediately following your discharge. $70 a pop is a bargin, i know someone who paid over $700 per when an atty handle it...and i would most definately use an atty to get this done.
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

      Comment

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