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Regular Contributor
bbrentlinger
Posts: 125
Registered: ‎12-02-2010
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Judgment and Bankruptcy

Back in 10/08 we filed for chapter 13 in Nebraska. At the very same time we were about to be served with a judgment (which we never got). All the bills that were apart of the judgment were included in bankruptcy. We are finally almost done with our bankruptcy and we have repeatedly asked for this to be updated on my husbands credit reports as it still doesnt state apart of the chapter 13. We never got the original judgement. They have not attempted to collect on the debt and it is set to come off of his record in 2015. Should we wait it out or keep fighting to get it noted as part of the chapter 13? My fear is that they will come after us when the bankruptcy is discharged. We could afford to make payments to pay it off, but it is all set to be discharged in a few months. I dont want to wake a sleeping dog. thoughts? Any help would be greatly appreciated. Unfortunately our lawyer hasnt been the greatest and is slow and has not been much help. :smileysad:

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StartingOver10
Posts: 4,581
Registered: ‎03-06-2010
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Re: Judgment and Bankruptcy

I answered your question in the other thread, but the short answer is this: if the creditor was included in the Ch 13, they can't make you pay twice for it.

Get your attorney to vacate the judgement since the creditor was paid in your Ch 13.

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chasmith
Posts: 1,062
Registered: ‎05-26-2010
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Re: Judgment and Bankruptcy

[ Edited ]

I'm not as familiar w`ith BK13 as I was BK7, but I believe the OP gets their discharge on completion of the plan.  That discharge is what is used to vacate the judgement.

 

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Regular Contributor
bbrentlinger
Posts: 125
Registered: ‎12-02-2010
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Re: Judgment and Bankruptcy

it is a long hard road, but it made sense at the time.  2 kids under 3, both cars in danger of being repossessed and I lost my job then my son has hospitalized 2 times for a week each.  Things have changed dramatically.  It is so frustrating to keep working on these things and have this one issue hang on.  It is the only negative on his credit!  I am almost certain it is the reason why his scores havent risen much, regardless of us paying everything on time.  We are done in October and I CANNOT wait!!!


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bbrentlinger
Posts: 125
Registered: ‎12-02-2010
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Re: Judgment and Bankruptcy

I got on Pacer.gov and looked for the judgement and it isnt listed anywhere.  So now I am really confused.  I requested the documents regarding the case from the Nebraska courts.  my hopes is that it has already been vacated and when i have the proof I can get the CRA's to remove the data.,  Anyone have any thoughts regarding this?


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SoulMaster
Posts: 993
Registered: ‎11-08-2011
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Re: Judgment and Bankruptcy


chasmith wrote:

I'm not as familiar w`ith BK13 as I was BK7, but I believe the OP gets their discharge on completion of the plan.  That discharge is what is used to vacate the judgement.

 

Congratulations on successfully completing your 5 year plan, many people can't!


This.

 

Once you have a discharge file a motion to vacate the judgment due to satisfaction/lawful discharge of the original debt.  Or, get it the docket # added to your case.

 

Did you cross-post?  I feel like I just answered that in a different thread.

 

-SM

I am not an attorney and none of what I write should be construed as legal advice. For legal advice please consult an attorney.

Starting Score: ~470 preBK(8/2010)
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Regular Contributor
bbrentlinger
Posts: 125
Registered: ‎12-02-2010
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Re: Judgment and Bankruptcy

yes sorry.  I got information from the Court house that they still show the judgment as valid, but she did say that the lawyer from the plaintiff has not done anything with the case since we filed for Chapter 13 and it is likely he knows that the bills have been included in the chapter 13.  And we have to contact him for a copy of the judgement, cant I get that from the courts??  I have emailed my lawyer and he is of no help now that we are almost done with the chapter 13 and he got his money.  Thinking we should just file a motion to vacate ourselves.  The lady from the court said we could do that but it isnt likely they will vacate it or have our attorney add it to the bankruptcy, but as i said he is useless.  I feel stuck!


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bbrentlinger
Posts: 125
Registered: ‎12-02-2010
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Re: Judgment and Bankruptcy

just received an email from our lawyer and he said that because the judgement was filed so close to our filing that it didnt show up in our search and because we were never served he is going to file a "suggestion in bankruptcy".  anyone know what that is?  I specifically asked him to file a motion to vacate. 


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SoulMaster
Posts: 993
Registered: ‎11-08-2011
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Re: Judgment and Bankruptcy

[ Edited ]

It's "Suggestion of Bankruptcy" and this explains it better than I can: http://definitions.uslegal.com/s/suggestion-of-bankruptcy/

 

In a nutshell, it's the paperwork that forces the plantiff to prove the suit shouldn't be included in the stay (extremely rare that they can prove this) and when they don't gets the lawsuit dismissed w/o prejiduce.  Since the default judgement was entered before the BK, though, I'm not sure why your attorney would go that route.  Might be a state-specific thing.

 

Like I said though, you should be able to wait until the underlying debt is discharged and file a motion to vacate the judgement.  There are state-specific rules (like waiting periods) that apply, but your attorney should be able to advise you on that, too.

 

-SM

I am not an attorney and none of what I write should be construed as legal advice. For legal advice please consult an attorney.

Starting Score: ~470 preBK(8/2010)
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Goal Score: 700+ - reached.
Regular Contributor
bbrentlinger
Posts: 125
Registered: ‎12-02-2010
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Re: Judgment and Bankruptcy

i think his thinking and court clerks office's thinking is that the plaintiff's lawyer is well aware of the filing of chapter 13 by us and that the money he is after is part of the bk.  and he didnt do anything with it to screw with us financially.  What was explained to me, since we can prove that the original bills from the original creditor and collection agency are included on our schedules that the plaintiff and their lawyer doesnt have a leg to stand on and that they have to prove that it isnt apart of the bankruptcy, which they cant and they is why they have not attempted to collect on the judgement.  So by filing the suggestion it forces them to either prove the debt is still valid outside of the bankruptcy or it will be dismissed and then removed from the credit report.  This happened with another judgment for me on this same chap 13.  They couldnt prove it and just had it dismissed and it was deleted a long time ago.


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