Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Judgement on closed Corp naming shareholder who was discharged in BK Help

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Judgement on closed Corp naming shareholder who was discharged in BK Help

    Husband and I filed personal chapter 7 bk last year, the BK was discharged 12/2010.

    Long story short, we had a business it was the business debts that were personally garanteed that forced us into bk..We did not file bk on the corp..we closed it down a full year before filing..It was a small business with no assets the few assets we had were liquidated so we could pay our employees final wages and we took care of some tax issues. The one lawsuit names my husband and the corp. Was told even if a creditor wanted to go after the now defunct business we were personally discharged of the debt because we named them personally..

    The week we were filing, I think in July we were served with a lawsuit from the creditor..Never heard another word..today we got a notice in the mail that a judgement had been issued on March 9, 2011 with a fact finding sheet.

    I checked online with the Clerk of courts on 10/29/2010 volunary dismissal was entered then on 2/24 a motion for default was entered..

    So how do I respond to this or what do I do? Should I just send the requesting attorney a copy of the discharge ignoring what was requested, ignore the notice all together (It was mailed to our OLD address home we haven't lived in for over a year and forwarded to our current address)

    I'm confused on judgements..I've heard they are discharged and I don't have to do anything and I've heard I have to petition the court to have the judgements vacated
    Last edited by AngelinaCat; 03-22-2011, 10:43 PM.

  • #2
    If the judgment was in place before you filed, then you have to make a motion to the Civil Court to have the judgment vacated. If this creditor has gone to court and won a default judgment against you AFTER you filed BK, they could possibly then be breaking the law. But I am not an authority on small businesses. We were a personal CH7.

    If you had an attorney handle your BK, you need to give him/her a call. You may need to pay and hour or two worth of time to to have the attorney write a cease and decease letter to this creditor, because once you are discharged and closed, your case is usually finished for them and this might be considered a new action.

    Good luck!
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment


    • #3
      If you had a Judgment, it is not automatically discharged, but can be by way of your discharge papers. If this happened AFTER you filed, you are clean and clear. From the wording, they dismissed their suit and Judgment. It is easy to go online to Clerk of Court (if your County has that service) and find out if you have a Judgment or not. It will save you money in lawyer doing that.

      The Judgment will not hold water as you divested your stuff on exempt stuff like paying the crew and bills. You listed them right? You stated that so they whether they got word or not are out of luck.

      We still get dunn's from bill collectors and simply send a copy of discharge then bye. You are fine, but you might question your lawyer but AFTER you check Courthouse. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


      • #4
        Thanks I'll repost in the right area..But to answer..the suit was filed in July we filed BK in August went to the creditors meeting in September and were discharged in December. The clerks records show the suit was dismissed and nothing until February when they entered a motion for default and the default was issued in March...so confusing!

        Comment


        • #5
          If the suit was dismissed because of the BK, and the creditor then came in and pressed for a default judgment, then I think you have an actionable case. You need to talk to your attorney.

          My best~~~
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment


          • #6
            Hi blel0906:

            I saw you had reposted your original post in the Small Business board, so rather than having two threads going, I moved your original thread to the Small Business board, and removed the duplicate post.

            Good luck to you~~~
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

            Comment


            • #7
              I know this post is over a year old, but wanted to know the outcome from the OP. Was the judgement on you personally or the business?

              Comment

              Unconfigured Ad Widget

              Collapse
              Working...
              X