Judgement prior to filing * Update/Need Advice.

[Silver26]

I posted about a month ago about a Judgement I received just prior to filing. I've been trying to get it taken care of for the last month and I'm getting no where. I've emailed/called my attorney a few times and im getting no response at all. Where would you guys go from here? My wife thinks we should just hire another attorney or paralegal to handle it for us. I feel like our attorney should handle it for us. Does the BK have to be closed to take care of it? Thanks all.

[despritfreya]

What are you trying to accomplish? I will assume you included the creditor in your bk. The judgment is therefore included in your bk and any liability from it will be discharged unless the creditor files a Complaint to Determine Dischargeability and wins.

Des.

[drowning123]

I guess silver wants to file a motion to vacate.

[SunshineGal]

Generally, a motion to vacate has additional fees. The way I understand it, at least in FL, you have two options. One, you can file a motion to avoid lien in the BK court while your case is open but after the trustee's time to object runs out, or, you can file a motion in the court where the judgment was granted after the debt is discharged. Hope this helps.

[despritfreya]

I am not aware of a debtor's ability to "vacate" a valid judgment, be it in bk or state court, as opposed to avoiding a judgment lien under 522(f). A judgment is a judgment. Upon entry of the discharge it is still a valid judgment but simply cannot be enforced or renewed due to the Discharge Injunction. Eventually it will die due to lack of renewal.

Des.

[tcreegan]

Hi all,

des, around here the county court that handles judgements has a 'motion to vacate' for judgements. Other folks report a 'motion to set aside' at their courts.

Getting the judgement vacated/set aside seems to have a big positive impact on the ol' credit report.

In our courts it is not hard to do, get the forms, fill em out, attach the BK discharge papers, pay the filing fee, away you go.

Not sure what happens to the court record.....something to check out...

Tom in Colo

[despritfreya]

des, around here the county court that handles judgements has a 'motion to vacate' for judgements. Other folks report a 'motion to set aside' at their courts. Getting the judgement vacated/set aside seems to have a big positive impact on the ol' credit report. In our courts it is not hard to do, get the forms, fill em out, attach the BK discharge papers, pay the filing fee, away you go.
Not sure what happens to the court record.....something to check out...

Tom in Colo

Sweet. . . No such animal (that I know of) in my State. Too bad.

Thanks for the info.

Des.