consent judgement

[hakaider]

If you sign a consent judgement for a credit card do you still have the legal right to file chapter 7 and include that consent judgement?

[AngelinaCat]

I wouldn't do it. If you know you are going to be filing, I would include ALL debt--you have to anyway. You cannot 'cherry-pick' which debts to discharge and which ones to keep. Additionally, we were warned that if we entered into any side agreements with any creditor(s) outside of our BK, we risked getting our BK dismissed. This sounds like one of those side agreements. If you have an attorney, you need to discuss this thoroughly with him/her.

[AngelinaCatHub]

If you sign a consent judgement for a credit card do you still have the legal right to file chapter 7 and include that consent judgement?

Kind words are always spoken when you tell or are seen to be about to file. For example, on a Saturday (lawyer not at work) a Sears type card CA offered us a 20% payout. It HAD to be that day, or it was off. I told them I would have to pass it before my lawyer. (remember we were as dumb as stumps at that time). I told the guy to fax me the paperwork. I was contacted back again and told them I did not have the money and would insist on passing before my lawyer. They were nice and said it is a one time offer now.

So, when we became educated, not only would it have been preferential, it would have cause our BK to become voided and admitted to other card debts. Sign, say, or write nothing to these collectors. No matter how "nice" they are, they do not know you, or care for you, or love you, they are working for themselves. 'Hub

[justbroke]

I would be careful with a consent judgment. The judgment creditor might file a complaint in the Bankruptcy seeking to make it non-dischargeable. Whether they would do this or whether the Judge will find in their favor... I can't answer.

I would be VARY WARY of any language indicating that it's a stipulation or a consent judgment for a complaint of fraud. As you may not know, fraudulently obtained property or credit, is non-dischargeable. The consent judgment may also have language stating that you would not allow the debt to be discharged in a bankruptcy as well.

I would seek the advice of a bankruptcy attorney on this matter!

[frogger]

If you sign a consent judgement for a credit card do you still have the legal right to file chapter 7 and include that consent judgement?

Normally, the answer to your question is yes. And to further answer your question, when you file your chapter 7, you are required to list all debts. A consent judgment is normally no different than any other judgment other than the fact that you agree that you owe the money and that you consent to making payments. On a default judgment, or judge awarded judgment, you are ordered to make payments without your consent.

In most cases, I would not be afraid of a consent judgment. There is no fraud in being in agreement that you owe a debt and that you consent to make payments. Bankruptcy can and will overcome that in most situations.

[hakaider]

ty

[justbroke]

In most cases, I would not be afraid of a consent judgment. There is no fraud in being in agreement that you owe a debt and that you consent to make payments. Bankruptcy can and will overcome that in most situations.

There is plenty of case history to prove, in Bankruptcy, that if you sign a consent judgment and allow it to be entered, where that judgment admits that you are settling because you fraudulently obtained property, then it is admissible and non-dischargeable in the bankruptcy court! Remember, that fraudulently obtained property (or credit) is non-dischargeable.

Please, never sign any consent judgment without an attorney looking at it and without asking about the impact of dischargeability in a future bankruptcy!