Summary Judgement Issued same day as Filing Ch 7

[drlj78]

Discover sued my wife... Granted summary judgement the same time I was at the courthouse filing the Ch 7 BK. Literally almost same time... Hearing was scheduled for 2:30 and the petiton is time stamped 2:35. What to do? I didn't have that judgement listed on the voluntary petition, but the lawyers address, and original CC debt were.

Is the judgement valid, since it was technically granted after the automatic stay was in place? What motions could I file with the county court? This is Indiana by the way.

Also if valid do I need to amend my voluntary petition to include the judgement. haven't filed the schedules yet... did an emergency filing.

Thanks in advance!

[justbroke]

If it was actually signed by the Judge after your automatic stay kicked in, then the Judgment is void ab initio (from the start). You should probably file a Suggestion of Bankruptcy with the local Court. You should see the local Court procedural rules on filing a Suggestion of Bankruptcy and follow those.

Since the original debt is listed, you should be good on those grounds.