credit card judgement and dismissal

[psx402]

I received a judgment 2 days before I filled ch 7. After I contacted my lawyer and told him what had happen he told me not to worry he would take care of it. Reading on this site I was prepared to file a motion to vacate after my discharge. Well I get in the mail yesterday that capitol one has filed a motion for dismissal of the judgment. Do I still need to file the motion to vacate or is this going to be enough?

[SunshineGal]

Was it an actual judgment signed by a judge? Or, was it a motion for a summary judgment? If the judgment was never granted, there is nothing to vacate.

[psx402]

It was a signed judgement by the judge. Now the credit card has filled a motion to dismiss after they became aware of my pending ch7 filing.

[tcreegan]

Hi psx,

If I am reading this right: There was a judgement awarded by the court. CC is now filing for dismissal. Judgement should get dismissed.

I think you are done at this point. But I would go back to the judgement court after I got my BK discharge papers and check on it. If the judgement is still on record, file a motion to vacate/set aside. Its not that hard to do and worth the peace of mind.

BTW, the CC company immediately filing for the dismissal is to be commended; "prompt and appropriate action" ...when was the last time I heard those words applied to a credit card company.

There is hope for us all !

Tom in Colo