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    Deficiency Judgement

    Hello all....

    Had a deficiency judgement filed against me some 15 years ago relating to a prior bankruptcy involving maintenance fees on a condo. Someone had suggested that I only need to obtain a release from the creditor and get it recorded. The obligation itself has already survived the statute of limitation. Anyone have any feedback or experience with this type of issue?

    thanks ..

    #2
    I don't understand the particulars. It reads as though you had a bankruptcy 15 years ago and there was a deficiency caused by a condo being surrendered? If you're saying that, then there shouldn't be a deficiency since the debt was included in bankruptcy (IIB) and the "deficiency" is discharged.

    Then you go on to say the "obligation" (I guess the deficiency) survived the statute of limitations (SOL). I don't understand what you're trying to say with that.

    If the original debt was included in the bankruptcy (IIB) then it is discharged (period). It should have already rolled off your credit report.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      My choice of word "survived the statute" may not have been correct. To clarify...the condo fees(maintenance fees) survived the prior bankruptcy. It was not included in prior bankruptcy and remained an obligation. Judge said I could not include it in the prior bankruptcy. My thought was since the particular obligation occurred 15 plus years ago I wouldn't be responsible to pay it. (doesn't show up on my credit report). As a deficiency judgement was filed against me for this amount and continues to be tied to my name in the court system I was looking for assistance as to what I need to do to have it permanently removed should I some day decide to purchase property again.

      Comment

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