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    petition to vacate judgement

    I got this in the mail and do not understand what it means. First paper says "petition to vacate judgement", 2nd paper says "order vacating judgement" Says that plaintiff was not advised of filing for bankrupcy and sought a default judgement.

    Help! What does this all mean?????

    #2
    I believe, (going by my somewhat similar experience) that the filing of the judgement and the BK "crossed in the mail" so to speak. A judgement was filed after you declared BK but before notice was sent out so they are vacating the judgement which would not be valid.

    Not 100% sure but I think that is what is going on.

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      #3
      If you're still within your 90 days of filing, call your attny. Make sure that Creditor was included in your Creditor Matrix. Also, give your attny the address on the letter you've just received. Your attny can mail a letter of notice to the Creditor at that address, in case it's different than the one included on the Creditor Matrix.

      It's all just a CYA for down the road. So this Creditor cannot come back after you're discharged and closed and lay a claim of some sort on you.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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