Judgement after discharge?

[bleve]

Hello, I apologize if this is the wrong section. I received a discharge in August of this year. Before filing one of my credit card companies received a judgement. How can I expunge or vacate this now? Im not sure if those are the proper terms.

Any help is appreciated. I would call my attorney but everytime they pick up the phone it costs a lot of $$$. Im in California. Thank you!

[free2breathe]

You will need to contact the clerk of the court where the judgment was granted. Ask them what the procedure is for filing a motion to have a judgment vacated. They should be able to tell you what you need in the way of forms, and what the filing fee will be.

[tobee43]

yes, as free2 pointed out...contact the court. you can file the motion to vacate yourself...however, my suggestion, because it's so important, it's worth a few dollars to have the atty file it for you and see it through until the order is signed...just a suggestion. we have some excellent pro se filers here...but the motion to vacate the judgment if not done correctly can effect whether the judgment gets removed or not.


best of luck to you whether you chose to do it yourself or hire an atty!

[Floridagail]

Will the judgement show as satisfied? and still be on report. Mine shows up this way after my filing. Or will it be removed all together. I am interested to know that?

[ccsjoe]

Should be removed altogether, you are after all vacating it.

[bleve]

Ok...so my attorney said since the judgement was granted and recorded 3 months prior to my filing, they cannot vacate it. He said I will have to pay it. I dont think thats right. Any insight? Here is a copy of my situation

Hello, I apologize if this is the wrong section. I received a discharge in August of this year. Before filing one of my credit card companies received a judgement. How can I expunge or vacate this now? Im not sure if those are the proper terms.

Any help is appreciated. I would call my attorney but everytime they pick up the phone it costs a lot of $$$. Im in California. Thank you!

[jjim120]

I have a situation that may be similar about a judgment. My husband and I have now been discharged from Chapter 7, but a creditor has filed a protest with the bankruptcy court. The protest seeks a judgment of over $700,000., primarily based on false allegations within a business deal that have never been proven and have never been adjudicated. Our bankruptcy attorney says we can fight it, but that it will be very costly.

We have been stripped of everything we own, are in the process of having our home foreclosed, and have nothing left but our social security checks, due to the actions of this creditor's attorney who was previously the foreclosure attorney for the bank that foreclosed on a business property in which we were minority partners. Since the bank was bought out with TARP funding by PNC, no attorney would take our case because they said, while we could win it, we could not collect any money due to the FDIC taking over the liabilities of the bank, and also because the only attorney who would have considered it says this foreclosure attorney, now representing the firm she sold the note to, and her husband have so much power and influence that he would never be able to practice again in that city if he sued her (his partner was actually threatened if he took our case).

Does anyone have any advice for us in trying to stop this judgment against us? We barely have enough at this time for food, utilities and health insurance coverage. My husband is trying to find a job or consulting contract, but at age 69, even with his 50-year reputation as an honest, ethical Professional Engineer and contractor, there is not much available for him.

[enuffznuff]

bleve- your attorney is telling you that a judgement prior to BK, for a debt included in your bk, and was discharged, now has to be paid??

Unless there's something else going on here, that's just...wrong. Plain wrong, as in 'not correct'.

jjim120- you might start a new thread with your issue

[tcreegan]

Hi all,

so my attorney said since the judgement was granted and recorded 3 months prior to my filing, they cannot vacate it. He said I will have to pay it. I dont think thats right.

You're right it's not right bleve! You do NOT have to pay on pre-petition debt. You CAN vacate/set aside the judgement. ...not sure what planet your attorney is from

Go to the court where the judgement was awarded, ask the court clerk what form(s) you need to file a motion, file them along with a copy of your BK discharge order.


jjim120, was the debt included in the BK? Did they file an adversary proceeding before your discharge?

Tom in Colo

[bleve]

My attorney claims it became a secured debt. Yes the debt was included and discharged. They did not file an AP. I am about to sell a property (short sale) and dont want to run into any problems with this judgement. Does anyone know how long the motion to vacate takes. I dont have much time.

My feeling was that my attorney did not want to get involved......

[HHM]

Here is the issue.

The attorney is half right. Once someone gets a judgment against you, that gives them the "right" to a security interest. However, unless the plaintiff files the judgment with the County Recorder (to place a lien on real estate) or the State Secretary of State's office, the lien has not been perfected.

Also, if the debt is a pre BK debt, and even if there is a lien, the lien only attaches to property of the BK estate. In short, the judgement is worthless, your attorney sounds like a newbie.

[bleve]

Thank you for this valuable info. The Lien was perfected and recorded. A Writ of execution was entered. The Writ was returned to the court unsatisfied approx. 2 months after my filing and before my discharge.

What should I do? I cant have this judgement.

[HHM]

If there is a perfected security interest, you have a problem. The judgement is not going to go away.

Basically, what needs to happen is you need to go back to BK court and file a Motion to Value the lien. Assuming you can value it as zero, great. If not, there will be some amount you need to pay, and you WILL need to pay that amount to satisfy the lien.

[tcreegan]

Hi all, Hi bleve,

To get rid of the judgement, you go to the court where the judgement was awarded and ask the court clerk for the correct forms and procedure for vacating/set aside a judgement. You will need to include a copy of your discharge papers.


My attorney claims it became a secured debt... ..yup, sounds about right.

Yes the debt was included and discharged. They did not file an AP. ....you're off the hook, pay no more....

I am about to sell a property (short sale) ....good grief, can you explain again why on earth you are doing a short sale? ....do you owe money to a real estate agent? They are the only winners in a short scale.

d dont want to run into any problems with this judgement. ...if not removed, it gets paid at the time of sale...

Does anyone know how long the motion to vacate takes. I dont have much time. ....going to need some time, depending on court holidays, backlog, it could be a couple weeks or more.

My feeling was that my attorney did not want to get involved...... ...Not sure I wouldn't be in the same camp....short sale doesn't help my client. And since it doesn't benefit my client, there is no need to rush around to vacate the judgement. Later, we can work on removing the judgement lien, after discharge. Plus it is the holidays, I just want to stay home and sip some eggnog.....ahhhhhhh

Tom in Colo

[HHM]

tcgreen, I do have to disagree on one point, if the plaintiff perfected the judgment lien (that is filed it with the county recorders office) as with any lien, IT SURVIVES BK unless you do either a 506 motion to void the lien against real estate or a 522(f) motion to avoid a lien on personal property. (for the uninitiated the numbers reference sections of the bankruptcy code).

Nearly 90% of the time, the judgment creditors hasn't perfected the lien, that will result in having the judgement vacated. But if the judgment has been properly recorded to create a lien, the BK does not automatically void it.