Judgement question & lawyer rant

[niteflytes]

A friend who is also filing BK and I got in a discussion about judgements. She said that if a creditor, in her case her former landlord, files a judgement against her before the BK is filed that the BK won't cover it. I'm wondering if this is true? My lawyer said nothing like this to me when I met with her and now I'm getting a little worried.

I'm also getting irritated because I paid my lawyer in full and turned in all the paperwork over 2 months ago and we still haven't filed. Every time I call I get put off about it by the receptionist, who seems to be really anal about screening the calls. I'm not sure how to approach them at this point about why it is taking so long to file since I can't seem to get past the receptionist. Any suggestions?

[miss puff]

Can you just show up at the office and say you want to look over your paperwork and make sure you haven't forgotten anything so they can get onto filing it? Also, have you signed the petition yet? They can't file it with the courts until the petition is signed and dated by you.

As for the judgements.... I am not exactly sure, but couldn't you include the judgement in the bankruptcy?

[SinkingFast]

Unless the Judgement is for one of the Non Dischargeable debts listed in the Code (injury and such), then the debt can be discharged.

The Judgement, however, is a Public Record filed at the Court House. Once you get the Debt discharged then you can move to vacate the Judgement and have it removed from you Credit History.

[niteflytes]

I haven't signed anything yet. The way they do it at my lawyers office is the day we file I go in and take the credit counseling class, sign stuff and that will be the filing date. I looked on my calendar. It's been 3 months since I paid them in full. I called this morning and the paralegal is out until Thursday and the lawyer wasn't there either but I figure he was probably in court. I call so often that the receptionist knows me before I introduce myself! I feel like they have me over a barrel. They have my money and they have complete control over the situation now. I feel like I have to be sweet as sugar to the receptionist to get anywhere with her. I thought about just showing up on Thursday when the paralegal returns and just politely telling them that I have all day and I'll just sit in the waiting room until someone can see me.

Thanks for the reply about the judgement.

[SinkingFast]

Just remember, Niteflies, as long as your not under the gun in anyway,.......... Law Suit, Foreclosure,.............. Then the longer you wait to file, the better. More time put between your filing and your last CC use and/or balance transfers.

While it may be irritating to wait, your attny could actually be acting in your best interests.

Patience is the BK Filer's best friend.

[niteflytes]

yeah, I can see how waiting could be beneficial. But...I just got a letter in the mail today from the park where my trailer is at. I let the trailer foreclose and stopped paying lot rent on it when I started the BK process since it was not my primary residence. I got a letter that the trailer park is taking me to court over the unpaid lot rent. They sent it to my PO box even though I'd changed my mailing address with them. I don't check my PO box very often anymore because I'm just letting it expire at the end of the rental time and I don't get much mail there. Well, they sent the letter about 3 weeks ago and I just got it. I have to be in court on the 28th. I'm worried that if I don't file before then that there will be a judgement and I'd just like to be filed by the 28th to avoid more problems.

[Spartan]

Well, if you bring this to the attention of your lawyer, it would constitute an urgent situation and warrant his immediate attention.

Filing before the 28th would definitely buy you time and save you extra work.

[niteflytes]

Thanks for the reply. The only one in the office until this Thursday seems to be the receptionist but on Thursday I plan to show up in person at the office first thing in the morning and make sure they are aware of the situation.

[miss puff]

good luck today niteflytes. I am curious how this turned out.

[niteflytes]

I called this morning to make sure they got the letter (I faxed it) and they didn't so I re-faxed it. I'm giving them until 1 pm to get back to me and if I don't hear from them I'm going to the office and parking my butt in the waiting room until I get some answers.