judgment over 1 year

[finances]

I need to know what information to list if a judgment is against you that is more than one year old. Should it be listed as a regular creditor? Do I need to enter the docket number and location? Please help

[HHM]

Whoever has the judgment against you (the plaintiff) is a creditor and should be listed as a creditor, and yes, you should reference the case number and location.

However, you should know that simply listing a judgment in your bankruptcy petition does not discharge the judgment. Judgments are a type of security interest (so its like a secured debt). In order to discharge a judgment (assuming its the type of judgment that can be discharged) you will need to file a Motion to avoid lien/judgment in addition to your petition.

If you have a judgment against you, and really want to get rid of it, you should really hire an attorney for your bankruptcy.

[freshstarter]

In order to discharge a judgment (assuming its the type of judgment that can be discharged) you will need to file a Motion to avoid lien/judgment in addition to your petition.
.

Should this be done before or after discharge?

[HHM]

Should this be done before or after discharge?

BEFORE BEFORE BEFORE, you need to do this while your bankruptcy is open. The Motion to avoid the lien/judgment is filed with the Bankruptcy Court.

[StaciMM]

I'm confused-you file a motion to avoid a judgement if you already have a judgement? My spouse has 2 judgements, one from an old apartment & one from a lemon car. The latter started garnishing his wages last week.

Whoever has the judgment against you (the plaintiff) is a creditor and should be listed as a creditor, and yes, you should reference the case number and location.

However, you should know that simply listing a judgment in your bankruptcy petition does not discharge the judgment. Judgments are a type of security interest (so its like a secured debt). In order to discharge a judgment (assuming its the type of judgment that can be discharged) you will need to file a Motion to avoid lien/judgment in addition to your petition.

If you have a judgment against you, and really want to get rid of it, you should really hire an attorney for your bankruptcy.

[freshstarter]

BEFORE BEFORE BEFORE, you need to do this while your bankruptcy is open. The Motion to avoid the lien/judgment is filed with the Bankruptcy Court.

I'm still not convinced I need to do anything... One of the cc that had a judgment is already listed on the credit report as included in bankruptcy.

I've looked at 11 USC 523 and can not find anywhere that court judgments from cc debts are nondischargeable.

Actually I can not even find any evidence of the judgments on our credit reports.

[WorkinOnit]

I'm still not convinced I need to do anything... One of the cc that had a judgment is already listed on the credit report as included in bankruptcy.

I've looked at 11 USC 523 and can not find anywhere that court judgments from cc debts are nondischargeable..............

I am neither an expert nor a prolific poster, merely an avid lurker and constant reader. Take my opinion cautiously and hope that someone with more knowledge chimes in.

My take on it is that the debt is extinguished with the bankruptcy. Then with a copy of your discharge papers in hand you will have to motion the court that issued the judgement to vacate the judgement, since the debt no longer exists.

Again... wait for someone with more experience to jump in.
Maybe even... ....ask a lawyer.

[HHM]

I am neither an expert nor a prolific poster, merely an avid lurker and constant reader. Take my opinion cautiously and hope that someone with more knowledge chimes in.

My take on it is that the debt is extinguished with the bankruptcy. Then with a copy of your discharge papers in hand you will have to motion the court that issued the judgement to vacate the judgement, since the debt no longer exists.

Again... wait for someone with more experience to jump in.
Maybe even... ....ask a lawyer.

This is a very technical issue of bankruptcy. First, you absolutlely right, when you file on an unsecured creditor, your "contractual" obligations along with their "right to demand payment" is extinguished.

However, when an otherwise unsecured creditor sues you and gets a judgment, they now have a "security" interests in all your property. They now have a "new" bundle of rights. So even though you have discharged the "contractual" obligation to pay the creditor, you have not, and cannot simply discharge the security interset that the judgment now gives them.

In a sense, its no different than a security interest in a car. Remember, what are you options with a car in a chapter 7, either stay current on the payments, reaffirm, or turn the car over. The car company never loses its security interst in the car unless the bankruptcy court avoids the lien.

The issue with judgments is whether a pre bankruptcy judgment can attach to property acquired after the bankruptcy.

[freshstarter]

The issue with judgments is whether a pre bankruptcy judgment can attach to property acquired after the bankruptcy.

I read that the type of judgments I have can NOT. IF that is true, then I believe I'm probably all set.

These cc debt. judgments that we have, have not been perfected. Nothing has been attached by them. One of them I assume they got a default judgment, but I've never received any notice of what happened.