Question about bankruptcy and judgments

[dr618]

This was posted on another thread, but I just want to ask because it's worrying me. A big part of me filing bankruptcy was a judgment I had. I am sorry to say but I got this judgment by not fighter this creditor, I signed a consent of judgment because I was so scared and I regret doing this. The agreement was to pay them a certain amount for 6 months. I was paying them every month, when the agreement expired I filed bankruptcy. This was all listed on my petition. Will this be discharged? Does it matter how I got the judgment, it was for a credit card debt.

[JRScott]

If you paid the 6 months then you fulfilled that judgment.

If you had not fulfilled it then yes unless it was alimony or child support then you could have it vacated.

A bk would also prevent them from filing another judgment against you.

[dr618]

I did fulfill the agreement, but they were planning on increasing my monthly payments because it was not paid off yet. I was just wondering if this would be a problem and not discharged.

[AngelinaCatHub]

If you paid the 6 months then you fulfilled that judgment.

If you had not fulfilled it then yes unless it was alimony or child support then you could have it vacated.

A bk would also prevent them from filing another judgment against you.

"A consent judgment is a final, binding judgment in a case in which both parties agree, by stipulation, to a particular outcome. A consent judgment is used in order to settle an issue before a court and to end litigation. A consent judgment is often rendered by a judge in the form of a consent decree."

http://en.wikipedia.org/wiki/Consent_judgment

It is not that simple. If you sign a consent judgment bk will not vacate it. It is as a reaffirmation would be.

However, if there was a time limit on the Judgment and you fulfilled that time, then the residual can be discharged. There is also an adversay procedure that either party can attempt reversal of this agreement. Hope this helps. 'Hub

[dr618]

Thanks for trying to clarify, I'm still confused. My legal aid office told me that this could be discharged in bankruptcy, in my situation, do you think it can or were they wrong?
The stipulation I signed said to make payments for 6 months and after the 6 months they would renegotiate. So, I made the 6 month payments but then I filed bankruptcy.

[keepmine]

Any balance due that creditor will be discharged in the bk.

[AngelinaCatHub]

Thanks for trying to clarify, I'm still confused. My legal aid office told me that this could be discharged in bankruptcy, in my situation, do you think it can or were they wrong?
The stipulation I signed said to make payments for 6 months and after the 6 months they would renegotiate. So, I made the 6 month payments but then I filed bankruptcy.

You got it and also 'keep mine' agrees that you are now on the path to "wellness". Just be carful of whatever someone puts in front of you to sign. I assume you are pro se??. 'Hub

[dr618]

Yes, I am pro se. I know this was a mistake and know this for the future. Thank you for everyone for your responses. So I should be ok then?

[Trixie007]

The stipulation I signed said to make payments for 6 months and after the 6 months they would renegotiate. So, I made the 6 month payments but then I filed bankruptcy.

From what 'Hub said, that sounds like that should be fine... since they left it open to renegotiate after the 6 months.

[HHM]

"A consent judgment is a final, binding judgment in a case in which both parties agree, by stipulation, to a particular outcome. A consent judgment is used in order to settle an issue before a court and to end litigation. A consent judgment is often rendered by a judge in the form of a consent decree."

http://en.wikipedia.org/wiki/Consent_judgment

It is not that simple. If you sign a consent judgment bk will not vacate it. It is as a reaffirmation would be.

However, if there was a time limit on the Judgment and you fulfilled that time, then the residual can be discharged. There is also an adversay procedure that either party can attempt reversal of this agreement. Hope this helps. 'Hub

If the consent to judgment was excuted before the BK was filed, it is no different than any other judgment. It WILL be discharged.