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Can a judgment be fixed in a BK?

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    Can a judgment be fixed in a BK?

    Hello everyone, I'm not sure how this works but a few creditors are threatening to file a judgement on me after not paying them after 3 months. Can a judgement be fixed in bk? I'm starting to get worried. I've been waiting for my tax return check forever!!! My atty assures me that in my state I will be able to keep all of it and its a pretty hefty check. Has anyone had a similiar situation?

    #2
    So have you filed yet? Or are you waiting for your tax return to file?

    The minute you file the automatic stay goes into effect and a creditor cannot get a judgement against you or collect on a past judgement.

    After discharge collection efforts will resume on non dischargable debts such as student loans, reafirmed loans, irs debt, and debt that is determined non dischargable.
    Filed: 10/26/2006
    Discharged: 03/05/2007
    Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

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      #3
      I have not filed yet. I have to wait to get the tax returns and then file. My question is if a judgement gets sent can I file after the judgement and will it fix it?

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        #4
        Originally posted by ltrain823 View Post
        I have not filed yet. I have to wait to get the tax returns and then file. My question is if a judgement gets sent can I file after the judgement and will it fix it?

        Yes it will.
        Filed: 10/26/2006
        Discharged: 03/05/2007
        Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

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          #5
          Originally posted by ltrain823 View Post
          My question is if a judgement gets sent can I file after the judgement and will it fix it?
          If your creditor does get a judgment against you before you file, you can include it in the bankruptcy. Then after your bankruptcy is discharged and closed, if the judgment included a lien against an asset you petition the court to remove the lien.
          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

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