Received default judgement 9 days after filing chap 13

[sunflower71]

Here's the timeline:

10-18 Cap One's goons filed for a default judgement against me. I did not respond to the summons I received 9-6 because my bankruptcy attorney told me not to bother if I was going to be filing bankruptcy anyway

10-19 My husband and I filed chapter 13

10-28 Default judgement against me


I received the court paperwork informing me of this on Saturday and dropped them off at my attorney's office this morning. He wasn't there, and I didn't feel confident asking his two symbols of good faith at the front desk about this. What happens now? Is the judgement invalid because I filed before it was signed?

[justbroke]

If the judgment was entered before you filed, then it is void ab initio (void from the start). Your attorney will file a suggestion of bankruptcy and then you will discharge the debt in the bankruptcy. I don't know if your attorney is going to charge you more for dealing with the non-bankruptcy court issue.

[IamOld]

Right Justbroke, but since the atty told the client to do NOTHING, wouldn't any costs associated with what you correctly said above - shouldn't that be borne by the atty??

[justbroke]

The advice not to do anything would not create some obligation for the attorney. The attorney, however, may do this gratis just to be nice. Most of them will since, in many cases, it's as simple as sending a letter for the plaintiff's attorney with a copy of the bankruptcy notice.