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Judgement & BK filing timeline need help

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    Judgement & BK filing timeline need help

    Hi,
    I won't go through all the gory details, many of you have been helping me. We have a court date on Monday July 31 and will undoubtedly have a judgment against us on that date. We are filing, should be ready in about 2 weeks. Many here have said that we need to have an attorney remove the judgment but we are filing pro se. Have any pro se filers removed a judgment after their bankruptcy and/or does anyone know how you do this or how I can find out.

    #2
    The judgement would be void after the BK (althought it would still show up on your credit report) You may need to get a lawyer to remove a lien that is a result of a judgement.

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      #3
      Originally posted by wenderful
      CAT! I thought you were going to file on the 24th! What happened?

      Is there any way you can file BEFORE the 31st??
      FEAR!!! We got the NOLO book and while it is comprehensive we don't want to rush this. We need to get a CPA friend to look over our business records and we're still toying with just hiring an attorney. We've set a deadline for ourselves to make sure it is in by the end of August. Events may make that sooner but we need to do a total inventory of our business and personal assets and want to make sure we don't mess this up!

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        #4
        Originally posted by wenderful
        CAT! I thought you were going to file on the 24th! What happened?

        Is there any way you can file BEFORE the 31st??
        Wenderful,
        actually, that's why I'm asking this question. If it is a major pain to have the judgment lien removed and will cost tons of money, we'll bust our buns to get it filed on Monday, the court date. If it isn't a major problem, we'd rather give ourselves the two weeks to get some money and some info together.

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          #5
          I think I have another question that may help me out. When the bully bank gets a summary judgment on the 31st, that is just a judgment right? They then would have to get a lien, I think. So, if I file the bankruptcy before they get the lien, I would not have to have the Motion to Dismiss Lien filed. Anyhow, I found that one bk attorney charges $175 to do this so I am not too concerned. The bully bank already knows we are going to file bankruptcy so I think the bank attorney knows this is a lost case for her. Am I correct about the lien vs. judgment thing?

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            #6
            Originally posted by wenderful
            I can track with that CAT! I'm just worried about you! I don't know why, I don't even know you, but I feel a kindred spirit with many on this board and don't want to see any harm come to them!

            I totally understand about the fear and taking your time -- all good decisions, it just sucks about this one court date before the filing.

            And if there is any way possible to swing it, I'd hire an attorney. I know many here have successfully filed Pro Se and I envy every one of them. But with being a business owner it's so much more scary -- at least for me, it was.

            Good luck and keep us posted.

            I can't be of much help in filling out forms and such because I didn't file Pro Se, but I'm here for support, if you need me!
            By the way, a big hurrah to you on the end of your BK!

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              #7
              I have a small lien--the attorney and I just figured we're just going to let it ride. I'm already in a plan to pay them back so we're just not bothering with the expense of it.
              *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

              My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

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                #8
                Originally posted by anonymuse
                I have a small lien--the attorney and I just figured we're just going to let it ride. I'm already in a plan to pay them back so we're just not bothering with the expense of it.
                We're filing chapter 7 so we want this written off too. It isn't small - $6000 and it is mostly interest and legal fees and because they didn't sell a repossesed trailer for the most they could have gotten.

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