Does a successful Chapter 7 vacate judgements?

[Goat]

If a creditor sues you before filing CH7 and gets a judgement is it vacated if the judgement is included with the filing?

If not how are judgements handled?

[keepmine]

You include the judgment creditor in your filing and the underlying debt that created the judgment is discharged.
Post bk, your lawyer will need to file a motion with the court that granted the judgment to get it vacated.

[junker]

but while waiting for lawyer to follow up, the judgement is un enforcable. is that correct?? meaning they cant take car or sieze bank accts? right?

[AngelinaCatHub]

During your temporary stay until discharged, you are safe. If the Judgment was listed the Court would have been on the Matrix and it should be automatic. I have an open but untried case against me and the first thing I did was take a copy of my discharge and have it entered into their docket. Ask you current lawyer to follow up on this. Real food for thought. 'Hub

[momof3b1g]

I'm wondering about judgements too. We didn't get the judgment notice until a couple days after we filed. I called the attorney and they didnt seem worried about listing it on the petition. The OC, collection agency and their attorney are listed but not the judgemet. As we didn't know.
We haven't received anything since about the judgement. Does the CA have to do something or?

[AngelinaCatHub]

I'm wondering about judgements too. We didn't get the judgment notice until a couple days after we filed. I called the attorney and they didnt seem worried about listing it on the petition. The OC, collection agency and their attorney are listed but not the judgemet. As we didn't know.
We haven't received anything since about the judgement. Does the CA have to do something or?

Make sure you apply pressure to the lawyer. You can even take a copy of your bk to the Courthouse and have it put into the docket.

You should really have no problem, but I am over-safe. I make sure. 'Hub

[momof3b1g]

Thanks ev1 always says to add the judgement. Wondered if that was necessary. Or if the CA would stop the judgement.

[HHM]

If your question is, does the BK automatically vacate the judgment as a procedural matter, the answer is no. The debt and the underlying judgment ARE DISCHARGED. However, to actually vacate the judgment, you need to take your discharge and file it along with a request to have the judgment vacated with the court where the judgment was taken. (most BK lawyers will not do this for you because they are not going to make an appearance on your behalf in state court).

[momof3b1g]

If your question is, does the BK automatically vacate the judgment as a procedural matter, the answer is no. The debt and the underlying judgment ARE DISCHARGED. However, to actually vacate the judgment, you need to take your discharge and file it along with a request to have the judgment vacated with the court where the judgment was taken. (most BK lawyers will not do this for you because they are not going to make an appearance on your behalf in state court).

I will have to ask my attorney about this. As they never made any mention of having to do anything further.

Can you explain what you mean vacate the judgement? How is that different from it being discharged?

[HHM]

It simply means that you walk into the court where the judgment was entered (county court, district court, small claims court etc) with a copy of your discharge and file it with the court.

Most people tend to overthink this...The debt IS DISCHARGED by the BK and the Judgment CANNOT be enforced. However, if you actually want to remove the judgment from your record, you need to take the extra step and have it vacated at the court where the judgment was entered.

[momof3b1g]

It simply means that you walk into the court where the judgment was entered (county court, district court, small claims court etc) with a copy of your discharge and file it with the court.

Most people tend to overthink this...The debt IS DISCHARGED by the BK and the Judgment CANNOT be enforced. However, if you actually want to remove the judgment from your record, you need to take the extra step and have it vacated at the court where the judgment was entered.

Ok Great we are going to be in town anyway. So i told dh we would stop in and see if there was anything we needed to do. Does this cost anything?

[pookieny]

My attorney said as long as I'm staying in my same house for 10 years, I don't have to do anything to have it vacated, it will drop off.

If I do want him to vacate before then, it would cost $300 per judgement to have it done.

[momof3b1g]

We went to the courts today and they said as soon as we receive our discharge papers bring them back to them.

[arami008]

I also was recently discharged and have two judgements against me. So should I just take a copy of the discharge notice and file it with the court?

[momof3b1g]

I also was recently discharged and have two judgements against me. So should I just take a copy of the discharge notice and file it with the court?

Yes, Thats what I did they gave me 2 papers to fill out. It cost $5 for each judgement to be discharged.