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BK before the Judgment rendered

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    #1

    BK before the Judgment rendered

    BUT after a debt lawsuit was filed (the reason for filing basically). The paperwork for the BK is being compiled by BK atty right now while we believe a summary judgement is going to be entered on the debt lawsuit. BK atty is trying to beat the other attny to it basically.

    If that is successful (and the BK paperwork is filed before the summ judgement) -- i know it will "stop" the lawsuit but what happens to the public record of the debt? Will it be dismissed? Who does that - them or our BK atty? Also dismissed will still show up on reports i believe. ?

    Just making sure I know what questions to ask to ensure the lawsuit doesn't show up in Pub Recs....

    Thanks!
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    #2
    If you file BK before the judgment is obtained your case will be marked closed and stated "suggestion of bankruptcy". As far as I know it stays on your public record.
    "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

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      #3
      The Public Record is Public right now as you can go to Courthouse and request to look at the original case file. Of course you cannot add or remove anything, but at least it will not appear in the Public Records as a recorded document and won't be online for all to see. A judgment is a recorded document and will ALWAYS be there so it's good to get it stopped ASAP.

      File now, pick up the pieces later. Your lawyer has (or should) the ability to file online from his office and the computer gives him the case number. That is how his side of PACER works. I believe a Moderator then addresses the input before it hits the PACER Public side. That would be a bk Clerk.

      Judgments can be a real inconvenience. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        We're in the same boat as you. We're filing the day before a Case Management Conference on a lawsuit against us. It is the reason we are filing now, however, we have been planning to file for a while.

        I plan on calling the court the moment we leave the courthouse after filing so I won't get a judgment for not showing up to the CMC. It is my understanding, as others stated, the case will be closed. However, there will always be a record with the court. The court record does not go away.

        Judgments show up on your credit report, but the lawsuit itself will not.
        I may be smarter than an attorney, but I'm not one. No legal advice here, people.
        Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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          #5
          ok perfect - thanks for the info. I see the difference now.

          I hope they get it done quick!

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