Judgement a few days before discharge

[Batiatus]

I was just reviewing my credit report. My BK was Discharge on May of 2010. I also noticed that I have a judgment against me entered a few days before my discharge. It’s for a personal loan from my credit union. What should I do? I never got a letter regarding the judgment

[keepmine]

Turn this over to your lawyer.

[Batiatus]

That would be a problem since I filed with out a lawyer. But from the credit report form the credit union it shows BK, but on the public it shows a judgement for the credit union byt some law firm

[keepmine]

I'd send a certified letter to the judgment creditor with a short statement that they violated the automatic stay by obtaining a judgment and ask them to vacate the judgment within 30 days. Include a copy of your bk filing with the discharge date and a copy of the creditors matrix with there named highlighted.
If they don't fix it within 30 days start shopping for a lawyer.

[Batiatus]

I'd send a certified letter to the judgment creditor with a short statement that they violated the automatic stay by obtaining a judgment and ask them to vacate the judgment within 30 days. Include a copy of your bk filing with the discharge date and a copy of the creditors matrix with there named highlighted.
If they don't fix it within 30 days start shopping for a lawyer.

Thanks, I will do that today. I also noticed on my credit report that Sallie Mae is reporting 4 of my accounts as being charge off when we had a settlement on the payments. Ive been paying my student loans on time for the last 14 months.

[tobee43]

did you list the creditor on the petition? if you did you just need to file a motion to vacate the judgment and have it removed. if as mentioned the debt was listed and they continued to pursue the debt then of course they are in violation and actually you would be most likely entiled to damages against the company.

however, first things first, you need to 1. make certain you listed them and they rec'd proper notification. 2. if number one applies, then it may be worth your while to go to a few consults because usually this type of case is also money in the bank for the atty if in fact there was a violation of the stay. 3. it all applies, have either yourself or the atty file the motion to vacate the judgement and have it removed.

best of luck!

[Batiatus]

did you list the creditor on the petition? if you did you just need to file a motion to vacate the judgment and have it removed. if as mentioned the debt was listed and they continued to pursue the debt then of course they are in violation and actually you would be most likely entiled to damages against the company.

however, first things first, you need to 1. make certain you listed them and they rec'd proper notification. 2. if number one applies, then it may be worth your while to go to a few consults because usually this type of case is also money in the bank for the atty if in fact there was a violation of the stay. 3. it all applies, have either yourself or the atty file the motion to vacate the judgement and have it removed.

best of luck!

It is added on the matrix schedule. It shows on the credit report by the bank that my loan was in bk, but the public it says judgement by their attorney

[tobee43]

if it was shown as listed then, in fact they would be in violation, unless, of course they rec'd the judgment prior to your filing. in which case, you must then take action to have the judgment removed. in many states you can file the motion almost immediately, however, in some states such as florida, it is one year after the close of your bk case.

which ever may apply to you, you must make a move to resolve this or it will come back to haunt you forever and a day. again, call the bk court clerk check out what is the process in your state to have the judgment vacated. frankly, there are many that file out the paperwork themselves. even as a paralegal i had my atty's firm do it, i wanted absolutely NO mistakes. although the paperwork is not difficult. again, check with the courts to see what exactly is the procedure to getting the order done to vacate the jugdment. or, talk to a few atty's with a free consult.

best of luck!!

[Batiatus]

OK here are some info
The Banks attorney filed the case on 11/12/09 – Trial Set for 2/4/10
I filed my Chapter 7 on January 15 2010
Trial of 2/04/10 - was rescheduled to 5/20/10. I guess because they received my BK notification
BK Discharge on 5/14/10
Banks Atty went ahead with the Trial on 5/20/10
Judgment was entered on 5/26/10

I also called Sallie Mae regarding my credit report. I informed them Ive been paying my student loan for more than a year now and its showing as charge off. The CSR said it will show as default until I pay off my Student loan or I finish my BK. I said that my BK was discharge 2 years ago and I made a settlement. They said they never got any papers and it will continue to reports as charge off. I have all the papers from the court that Sallie Mae Atty and I signed regarding the settlement


Further update. I’m looking at the judgement and it said Inwood Credit Union. I got my Loan in May of 2006 with Inwood Credit Union. In Novemeber of 2006. Inwood Credit Union merge with Provident Credit Union. I got a letter that all my account and loans will now be handled by Provident Credit Union. So I listed Provident Union on my BK

On my Credit Report it shows the Provident Credit Union with same amount and account # as the Inwood Credit union shows as BK closed

The public record judgment shows Inwood Credit Union with same amount and account # as Provident Credit Union.

If you go to inwood credit unions website it wil redirect you to provident credit union

[tobee43]

all of this is excellent information, but the answer stays the same. with the dates you provided the courts were in violation of the stay by executing a judgment and the atty was in violation in feb., if you had filed your docket number in jan of that same year.

at this point, as this is great you have all this information i would run NOT walk to the nearest good atty and have them get you some money for the violation of stay and also file that motion to vacate of course, at the cost of them NOT u.

[Batiatus]

all of this is excellent information, but the answer stays the same. with the dates you provided the courts were in violation of the stay by executing a judgment and the atty was in violation in feb., if you had filed your docket number in jan of that same year.

at this point, as this is great you have all this information i would run NOT walk to the nearest good atty and have them get you some money for the violation of stay and also file that motion to vacate of course, at the cost of them NOT u.

Thank you. What kind of attorney do I look for? a BK Attorney?

[tobee43]

yes, a bk atty can absolutely help you with this situation. most ALL give at least one FREE consult and that is exactly where i would go. best of luck and make sure you keep us posted as to what happens

[Batiatus]

Thanks. I will go ahead and try to contact some BK atty

[Bell30656]

I'm willing to be that the Credit Union didn't violate the automatic stay intentionally. I'll bet that the civil action was already underway and the judgement got entered because the respondent (you) didn't show up. The court that the civil action was in may not have known about the bankruptcy. This is one of the reasons, I always suggest that someone use an attorney.

After all, I once read a book on brain surgery but I'm not about to attempt to do one myself. Hire a competent professional. They are worth it.

[Batiatus]

I'm willing to be that the Credit Union didn't violate the automatic stay intentionally. I'll bet that the civil action was already underway and the judgement got entered because the respondent (you) didn't show up. The court that the civil action was in may not have known about the bankruptcy. This is one of the reasons, I always suggest that someone use an attorney.

After all, I once read a book on brain surgery but I'm not about to attempt to do one myself. Hire a competent professional. They are worth it.

Ok I consulted the law office of John G. Brooks. After reviewing my case he informed me that the credit union did not hire an attorney and they just sent a rep to the small claims court.

he also told me this

"Yes, I would seek attorneys' fees, sanctions, and damages from them. It would probably settle.

To set up the case well, though, written demand should be made on the judgment creditor to vacate the judgment before suing them in bankruptcy court."

Ill keep you guys updated

Thanks