My question involves bankruptcy in the state of: Michigan
We had a BK-7 filed in 2003 discharged 3/2014 w/ exception of a debtor for supplies from our business.
We were firmly yet politely informed w/ fiduciary breach charges(Builders Trust Fund Act) if we did not agree to sign a Consent Judgment to repay the debt.
Our agreement was signed and repayment detailed in the Consent Judgment.
Consent Judgment signed July 12th 2004.
Paid 2 yrs of pymts, all payments, communication and collection efforts stopped in March 2006.
Never heard from from debtor attorney again until now.
The question that is at hand is:
July 10th 2014 a motion was filed to reopen BK for the right to file an ex parte motion to extend the judgment for another 10yrs.
July 25th 2014 BK judge signed Motion to reopen BK file and Ex Parte Motion to renew judgement, granting both on July 25th.
Statue of Limitations would have run out on July 12th 2014, however either motion was not granted until after the SOL was expired.
My attorney (25 yrs in BK Law) is not guaranteeing that we would prevail in filing a motion to vacate, and is leaving it up to us to decide to take a shot at winning the time barring of judgment renewal motion. ($2500 for representation)
My concern is the BK Judge did not in fact review the case for the possibility of a time barred SOL and was signed off by a clerk in the office. Apparently the judge has a reputation for about a 30 min. turn around time for motions, so I cannot see how our case was given any formal review. So in essence we have to retain legal counsel to have the BK judge formally review the case in court to determine if the SOL would prevail from the motion filed to reopen BK 7 and not the date the order was actually signed.
My attorney claimed finding case law to challenge the motions is going to be very difficult to find, as he has never ran into a situation of this "eleventh hour" filings for a 10 year judgement renewal.
Any and all thoughts or case law cited would be extremely helpful and greatly appreciated. I have to make a decision soon and was only notified of all of this just 2 days ago.
I wanted to upload the legal docs edited of course but cannot find the option in the task menu.
Thank you in advance for your time.

