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Reporting BK to Civil Court

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    #1

    Reporting BK to Civil Court

    Hello,
    I'm within the last 2 weeks before Discharge... and Noticed something I forgot. I'm in a No Asset case, Trustees report of No Distribution already posted, so I'm not sure how much it matters, but I forgot to notify my Civil Courthouse of my filing (I have numerous Judgements that are just sitting there..) and One Creditor that I havent heard from in years, a local Credit Union. They are one that has a Judgement as well. Any ideas from someone... I dont want to amend my creditor list incase it resets a timer...
    Pro Se Joint Chapter 7 filed 03/14/2011, Fee Waiver Approved 03/16/2011, 341 Date 04/21/2011, Trustees Report of no Distribution and request for relief of duties, 04/24/2011, Last objection date 06/20/2011. Discharged and Closed: 06/21/2011
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    #2
    Call the Clerk of the Court for your local court. Tell them that you have a "procedural" question. Ask them if there's a specific "standard form" or "template" for filing a suggestion of bankruptcy or for vacating a judgment due to discharge in a bankruptcy. There may be more work than this if the judgments are judgment liens and attach to real property.
    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.

    Comment

      #3
      Thanks Justbroke.
      Theres no real property attached to these, just monetary judgements (My ex may be still be Garnished for these, but I havent seen anything on them for a year).
      I figured that Ill just write up some Motion to Vacates and submit them to the court once I receive my Discharge papers next week.
      Pro Se Joint Chapter 7 filed 03/14/2011, Fee Waiver Approved 03/16/2011, 341 Date 04/21/2011, Trustees Report of no Distribution and request for relief of duties, 04/24/2011, Last objection date 06/20/2011. Discharged and Closed: 06/21/2011

      Comment

        #4
        Originally posted by idahodude View Post
        Hello,
        I'm within the last 2 weeks before Discharge... and Noticed something I forgot. I'm in a No Asset case, Trustees report of No Distribution already posted, so I'm not sure how much it matters, but I forgot to notify my Civil Courthouse of my filing (I have numerous Judgements that are just sitting there..) and One Creditor that I havent heard from in years, a local Credit Union. They are one that has a Judgement as well. Any ideas from someone... I dont want to amend my creditor list incase it resets a timer...
        When you say you forgot to "notify" do you mean, you forgot to include the judgements in your petition?

        Comment

          #5
          Basically I forgot to include the courthouse as a notified party. Its not too big of a deal, if I forgot one as a creditor, but as a non asset case I can argue that there's no difference if I notify now because there was no ability to file a claim, and I believe one of the CA's I notified included their account.

          I basically just need to file a motion to vacate judgement to exclude me from future writ of executions and they can go after the other defendent.
          Pro Se Joint Chapter 7 filed 03/14/2011, Fee Waiver Approved 03/16/2011, 341 Date 04/21/2011, Trustees Report of no Distribution and request for relief of duties, 04/24/2011, Last objection date 06/20/2011. Discharged and Closed: 06/21/2011

          Comment

            #6
            Originally posted by idahodude View Post
            Basically I forgot to include the courthouse as a notified party. Its not too big of a deal, if I forgot one as a creditor, but as a non asset case I can argue that there's no difference if I notify now because there was no ability to file a claim, and I believe one of the CA's I notified included their account.

            I basically just need to file a motion to vacate judgement to exclude me from future writ of executions and they can go after the other defendent.
            I think I am now in the same boat. I have a judgment against me and an open case. I listed the two cases under my statement of financial affairs, but forgot to list them in schedule F. I am a no asset, no distribution case and already had my 341 -- now awaiting discharge.

            Can you offer some advice as to what I should do? Should I amend or just file a motion to vacate once I am discharged?

            Comment

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