Arghh! Now a judgement against us.

[BigJohn]

To the original poster:

If you didn't pay the rent, the rent money must be somewhere (hopefully). Being you are in CH13 and the landlord is in CH7, you probably have the same Trustee. I would let the Trustee try untangling this mess.

[Flamingo]

If I do not pay the $4k, I suppose the landlord will go back to the Magistrate Court to request garnishment. Since my wages are already garnished for the Ch. 13 repayment plan, will the garnishment be put on-hold until I am discharged in 3.5 years?

We pay around $1300/month to the plan.

You really need to talk to your BK attorney. JustBroke responded to you on this but there are other ways to garnish if they cannot collect on your wages (i.e., state tax refunds if allowable) and since I believe the contract is in both your names if they cannot garnish your wages they might possibly can go after your wife if she is working. Secondly, you will be dealing with more bad stuff on your credit reports as to this judgment taking place after a BK which could make things much more difficult for you to clean up and readjust after your BK. lrprn suggested looking into a modification which is excellent advice so you need to figure out whether or not you want to fight this situation, pay it or avoid it. It will not go away on it's own just as any other debt incurred after filing is there to be dealt with and paid also.

[kascls]

I will be talking to my bk attorney first thing monday morning.

The landlord filed bk in a different state, we have different trustees.

[MJJ3767]

I know when I filed, I was asked by my attorney and trustee if I was a party to a lawsuit or intended to be a party to a lawsuit the 6 months following my filing. It would be interesting if your landlord was asked the same question.