Question about bankruptcy and judgements

[ludacrys]

Hello. I am new here and I have a question. I filed a chapter 7 in March of 2003, I had a judgement that was entered before the filing. After the bk was discharged, I filed a motion to vacate the judgement. According to the attorney that filed for the judgement In Re Keller, 257 B.R. 442 (Bankruptcy. D.MD 2001) "The discharge granted by the bk court does not extinguish the indebtedness or cause it to be satisfied. The order of discharge is a permanent injunction barring the commencement or continuation of an action to recover or collect the debt as a personal liability of the debtor. However, it does not extinguish the liability of itself and thus the liability is not satisfied by that discharge." My question is can they still come after me for this debt?

Thanks in advance

[HRx]

Hello. I am new here and I have a question. I filed a chapter 7 in March of 2003, I had a judgement that was entered before the filing. After the bk was discharged, I filed a motion to vacate the judgement. According to the attorney that filed for the judgement In Re Keller, 257 B.R. 442 (Bankruptcy. D.MD 2001) "The discharge granted by the bk court does not extinguish the indebtedness or cause it to be satisfied. The order of discharge is a permanent injunction barring the commencement or continuation of an action to recover or collect the debt as a personal liability of the debtor. However, it does not extinguish the liability of itself and thus the liability is not satisfied by that discharge." My question is can they still come after me for this debt?

Thanks in advance

Technically yes, but chances are they won't. Your best bet is to file a motion to settle the debt. So that the Judgement will be "closed" on your credit report.

Good Luck!

[DoItURself]

Bringing back an old judgment thread

Hi all,

I'm contemplating the big BK to solve my problems and wanted some advice from those who know.
I have a judgment on my credit reports for a civil law suit I did not defend, and so they were awarded a default judgment. At the time I didn't think it was a big deal, but now that I see the amount they were awarded, $1.1 million dollars, I'm thinking I have no way out if I want to get a loan in the next decade unless I file BK and include this judgment. My concern is even afterwards they could find a way to come after me for the $$$. According to previous posts in this thread they can still come after me somehow even if I get this judgment discharged with the BK.
So is bankruptcy even the right choice for me?
How can I protect my family's financial future with a million dollar debt out there lurking?
My credit was around 700 Fico before the judgment was placed on my reports, but I'm not seeing how I can buy a house with the judgment on there.

Any advice would be appreciated.

Thanks!

[Cmonlottery]

Main problem with your judgemnt is that it puts you over the limits for either Chapter 13 or Chapter 7. I think the combined debts cannot total more than a million. (This may vary state to state).

You probably need to consult several attorneys on this matter and find the best soluton for you. Might also consult civil litigators to see if there is a chance you can get the judgement reduced.

[Minnymouth]

At the time you didn't think "this judgement" was a BIG DEAL, an you didn't defend yourself??? Quite a large judgement for something - not so important!!!!
Chances of BK helping you are slim...........might clean up everything else, but don't think it will remove THAT JUDGEMENT.

Good Luck, you need it,

Minny