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  1. #1
    Join Date
    Dec 2007
    Posts
    2

    Default I Have An Outstanding Judgement Prior To Bankruptcy

    I know this question or something similar was asked here before, I just wanted a little more clarification. I'll try not to be too boring.

    I had a judgement filed against me in 2003 (CC), I filed chapter 7 in 2004, I included this debt in the filing. I am trying to refinance my home, the title company and the mortgage company will not let the loan go through until this is satisfied. I contacted the attorney who handled the BK and he said I need to refile to have th judgement removed, he will do it for 1,500.00, unfortuanately it will take three months to go through.

    Since I don't want to wait three months, I basically think I have to pay the judgement, or do I have another recourse? Or do I pay, then I can sue them (CC) for the dollar amount later?

    Unfortunately, I think I probably should have acted on this before. I just thought that when you filed chapter 7 it wiped everything out and gave you a fresh start. I guess that's the case as long as you don't have any judgements against you.

    Any suggestions? I am in Florida

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I Have An Outstanding Judgement Prior To Bankruptcy

    It sounds like the proper procedures were not followed at the time of the initial discharge, which is why your lawyer is stating that it is necessary to file a post-discharge motion to include the debt. You can try to do that on your own, or to find a cheaper lawyer, or to check with the court where the judgment was issued to see if they will accept something short of a new order from the bankruptcy court.

  3. #3
    Join Date
    Dec 2007
    Posts
    2

    Default Re: I Have An Outstanding Judgement Prior To Bankruptcy

    Thanks Aaron, if I did that myself is it something as simply as filing a form to the courts with a certified copy of the discharge, or would the CC Company need to be served? Or, if I call the court where the judgement was filed, who do I call? I contacted records and civil, they were no help, they basically said I needed to contact an attorney.

    Last question, if I contact another attorney, should it be a BK attorney?

    Thanks again for your help,
    Rick

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I Have An Outstanding Judgement Prior To Bankruptcy

    I don't know anything about the case or how this problem arose, so I don't know what you will need to do to resolve it. If this is an omitted creditor, and they won't accept proof of discharge as sufficient, it would likely be necessary to bring a motion with the bankruptcy court to explicitly include them in the judgment. As this appears to be a problem with the bankruptcy filings or judgment, I would suggest consulting a bankruptcy lawyer.

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