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What happens to a judgement once you file?

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    What happens to a judgement once you file?

    Filed 13 on 12/31. Happy New Year!
    341 scheduled for 2/4/10
    Had a judgement for Discover summary judgement on 12/11/09.
    Discover has filed a claim in our bk plan.

    The judgement appeared on credit report yesterday. How can they have both?

    Sent email to atty assistant. Will let you know what they say.

    Is there something that atty needs to do about this?

    #2
    You have a not discharged Judgment and yes they can demand a portion of payment. Even in a C7 a Judgment is not automatically set aside. You are protected from collection in the stay but you must Motion to have the Judgment set aside. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Are you saying that this so-called "Motion to Set Aside" is a separate procedure, and not connected to the BK filing?

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        #4
        How do you motion to have a judgement set aside? I'm sure it's been covered here before--but I'm not pulling up a helpful link in the search.
        Filed Chapter 7 August 18,2009
        341 scheduled for Oct 7, 2009--DONE!
        Report of No Distribution Oct 8, 2009
        Discharged & Closed Dec. 14, 2009

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