Do I need to do anything about having a pre-filing judgement?

[filed]

Filed Ch 7, no assets in November and have finished 341 and am now awaiting discharge (I hope!).

Prior to filing, a creditor had obtained a judgement. My attorney listed this on my SOFA, under question #4. Is this the correct place to have put it in the petition?

Also, what do I need to do (or have my attorney do), if anything, to get a true fresh start and to make certain this judgement gets "wiped out" and does not follow me around for the rest of my life?

[filed]

Hate to reply to myself, LOL, but wanted to share something with everyone. Was speaking to a respected and knowledgeable individual about my judgement. I understand that I do not need to do anything until after I actually have my discharge. Then I can either pay my attorney to file, or I can file something called a "suggestion of bankruptcy" in the other court - the court where the judgement was issued. I am not sure what this does, nor am I certain of the exact proceedure, so, if anyone does, please share the info. Also, if the judgement is listed on #4 of the SOFA, is that the correct place to have listed it, and will the debt be properly discharged when (if?) I get my discharge? For some reason I am afraid putting it in the SOFA will not cover me and result in the debt/judgement being properly discharged.

[justbroke]

The Statement of Financial Affairs (SoFA) is just to give notice tot he Trustee and other parties in interest what your "status" is as of the day you filed. It, by and of itself, does not stop any proceedings. Since they already have the judgment, the suggestion of bankruptcy wouldn't "stop" a proceeding that was in progress. The creditor should have also been listed on the appropriate Schedule as well (Schedule F for general unsecured creditors). That would have given them notice.

As for the judgment itself, it is actually discharged in the bankruptcy. The problem really is if the judgment is being enforced through some collection or levy activity. I'm assuming this judgment is from a regular creditor and not the IRS, State, Divorce, or some domestic support obligation (DSO).

You may want to ask a "procedural" question from your Clerk of the Court for your county. Ask what the "procedure" is for "vacating a judgment discharged in a bankruptcy" (those specific words). There may be a standard form/template for this.

[filed]

... Since they already have the judgment, the suggestion of bankruptcy wouldn't "stop" a proceeding that was in progress. The creditor should have also been listed on the appropriate Schedule as well (Schedule F for general unsecured creditors). That would have given them notice.

As for the judgment itself, it is actually discharged in the bankruptcy. The problem really is if the judgment is being enforced through some collection or levy activity. I'm assuming this judgment is from a regular creditor and not the IRS, State, Divorce, or some domestic support obligation (DSO).

You may want to ask a "procedural" question from your Clerk of the Court for your county. Ask what the "procedure" is for "vacating a judgment discharged in a bankruptcy" (those specific words). There may be a standard form/template for this.

Thanks, justbroke for the reply. I think I may have a big problem here, but I do not want to over-react. Firstly, the judgement is from a regular creditor, and, to my knowledge is not being enforced in any way (yet). Secondly, I do not see that my attorney listed the judgement holder anywhere on the petition, other than on the SOFA under #4. Now, does this mean that they are a creditor that has not been notified of my bankruptcy, and therefore, I have a huge problem in that the debt that they won a judgement on will not be discharged, even if I get a discharge? I think my attorney is quite competent, can he have missed something like this? Not to lay all the blame on him, but, I did not know where judgements should be listed.

[justbroke]

Many times, the judgment comes from a "junk debt buyer" or an assignee of the debt. The fact that the debt was assigned or purchased, doesn't change the fact that it was discharged. I assume that you listed the "original' creditor on your Schedules.

Additionally, your attorney may have actually included them on the Mailing Matrix and they received actual notification of the filing of the bankruptcy.

In any event, the steps are the same. If you want to vacate the judgment in the local court, you will need to file a motion to vacate the judgment. Short of that, you could pressure the creditor to do it for you by writing them a letter demanding that they vacate the judgment.

[filed]

Many times, the judgment comes from a "junk debt buyer" or an assignee of the debt. The fact that the debt was assigned or purchased, doesn't change the fact that it was discharged. I assume that you listed the "original' creditor on your Schedules.

Additionally, your attorney may have actually included them on the Mailing Matrix and they received actual notification of the filing of the bankruptcy.

In any event, the steps are the same. If you want to vacate the judgment in the local court, you will need to file a motion to vacate the judgment. Short of that, you could pressure the creditor to do it for you by writing them a letter demanding that they vacate the judgment.

justbroke, The debt was not sold, the original creditor obtained the judgement, and I do not see this creditor anywhere on the petition, except on SOFA #4 with the judgement. I also do not see that my attorney included them on the mailing matrix. I am starting to get a bad feeling in the pit of my stomach.