Had a judgement awarded against me before filing Chapter 7. No asset case. Will judgement be thrown out when my bankruptcy is discharged? Will I be held responsible for this after discharge. My discharge date is to be 6-25-07.
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What kind of judgment was awarded? A lien against one of your assets? Were your wages garnished? Or something else entirely?Originally posted by wbp1968 View PostHad a judgement awarded against me before filing Chapter 7. No asset case. Will judgement be thrown out when my bankruptcy is discharged? Will I be held responsible for this after discharge. My discharge date is to be 6-25-07.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go -
I have no assets and my wages were not garnished. It was just a judgememnt awarded angainst me on a credit card...NCO bought it from the credit card company and sued me. I also live in North Carolina if that helps.Comment
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Presuming you included the underlying debt in your filing - when that is discharged the judgment technically has no value. To answer your question - NO - the judgment is not automatically thrown out. You will have to file paperwork to vacate the judgment in the local court where it is filed. Contact the court's clerk or check their website - they should have forms and/or procedures to follow to do this. If you're using an attny for your bk - perhaps he/she can advise.Comment
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Ok, good.. My attorney told me I had nothing to worry about..I guess I will have to wait until discharge then do the necessary paperwork to get rid of it. It's not on my public record either. Maybe they are trying to get me to pay something that they will never get.Comment
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take care of it promptly - if it's a recent event it just may not be on your pr yet - but it can pop up anytime as long as it's still recorded at the courthouse. Generally, these are easy to remove and vacate after bk.Comment
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Thanks so much for the info. My 60 days is up June 25th for anyone to dispute. No assets so it should go easy I hope. Then I will have my attorney take care of getting it removed. Big weight of my shoulders.Comment
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