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  1. #1
    Join Date
    May 2014
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    11

    Default When Does a Bankruptcy Discharge Prevent Enforcement of a Judgment

    My question involves judgment recovery in the State of:California

    Won a small claims case and debtor never sends Debtors statement of assets to me. Filed and served OEX and Subpoena to produce financial records. Went to court today and the Judgement debtor tells the judge that he is in bankruptcy with no proof of bankruptcy and the judge reconvenes for 2 months to give him time to produce the documents to prove his bankruptcy claim. The debtor did file for Chapter 7 in early 2009 and all his debts were discharge 2 months later in 2009. It is now 5/21/2014 when the OEX was scheduled and no OEX happened and no subpoenaed documents were produced. He did claim that he was using this 2009 chapter 7 as his defense.

    I have 2 Questions:
    Can his bankruptcy from 2009 still discharge his debts 5 years later. I won his appeal in 1/2014 and the original judgement in 9/2013?

    Did the judge do the right thing by letting him out of going through the OEX and not showing me the subpoenaed documents?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    When was the debt actually incurred? Not the judgment - the debt itself.

  3. #3
    Join Date
    May 2014
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    11

    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    Quote Quoting Dogmatique
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    When was the debt actually incurred? Not the judgment - the debt itself.
    04/2013

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    And you're sure he didn't either convert it into a Ch 13, or file a new Ch 7?

  5. #5
    Join Date
    May 2014
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    11

    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    Quote Quoting Dogmatique
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    And you're sure he didn't either convert it into a Ch 13, or file a new Ch 7?
    I am not sure on either of these and he showed zero proof to the court of any Bankruptcy other than his word. I only know of the 2009 Chapter 7 from running a simple background check. There were no other bankruptcies listed.


    I thought you can only file a chapter 7 every 7 years?

  6. #6
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    Apr 2009
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    Somewhere near Canada
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    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    Timing is everything though.

    http://www.nolo.com/legal-encycloped...ile-again.html

    He can file a Ch 13 petition 4 years after the Ch 7 was discharged.

    The court has apparently given him a chance to prove that he's in bk again. If that doesn't happen, THAT is when you can start pushing him.

  7. #7
    Join Date
    May 2014
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    11

    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    Quote Quoting Dogmatique
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    Timing is everything though.

    http://www.nolo.com/legal-encycloped...ile-again.html

    He can file a Ch 13 petition 4 years after the Ch 7 was discharged.

    The court has apparently given him a chance to prove that he's in bk again. If that doesn't happen, THAT is when you can start pushing him.
    Since I had extra time because of no OEX happening went ahead and filed an Abstract of Judgement on his real property. Thought I would take out a little insurance if he is not being truthful about his BK. The debtor is known to not tell the truth from past experiences.

  8. #8
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    OP. I do very few favors for people in this world, but if you inbox me the person's name/date of birth/state they would have file in, I'd be happy to check and see if there is a newer filing.

    You can also send me your name and I can see if you were ever listed as a creditor. I'm not feeling well, so I'm on my way to sleep, but I've been known to have insomnia and/or wake up very early so I'll either do it overnight or tomorrow. I'm going to bed.

  9. #9
    Join Date
    May 2014
    Posts
    11

    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    Thank You!!!!!

    I hope you feel better after getting some sleep.

  10. #10
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    FYI for everyone (OP, I responded to you via inbox).

    There was no other BK filed for this guy. He fabricated the story. OP needs to go back into court, issue some writs and start snatching assets. Pronto.

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