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ch 13 judgment filed while in ch 13

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    #1

    ch 13 judgment filed while in ch 13

    just got back from the court hearing. i now have a judgement against myself and company for $5400. i am currently in ch 13 bk and i advised the magitrate of this, he basically said o ok, so what... seriously! anyways, i told them i would like to work out payment arrangements with them while in c h 13 instead of using them as tax right offs.... they said fine, well the magistrate said to the lady to go to the prothontary office and file a judgment so you can execute on his belongings... UMMMMM isnt this illegal on the magistrates level since i already am in ch 13 bk?!!!!!!

    this debt was incurred after the ch 13 proceeding filed 1-2-07 and judgment was entered today, so what do i need to do now? i mean can they really come and execute even though i am in ch 13? this makes no sense at all, tyhink the magistrate needs to go back to law school or something?
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    #2
    Originally posted by papa0881 View Post
    just got back from the court hearing. i now have a judgement against myself and company for $5400. i am currently in ch 13 bk and i advised the magitrate of this, he basically said o ok, so what... seriously! anyways, i told them i would like to work out payment arrangements with them while in c h 13 instead of using them as tax right offs.... they said fine, well the magistrate said to the lady to go to the prothontary office and file a judgment so you can execute on his belongings... UMMMMM isnt this illegal on the magistrates level since i already am in ch 13 bk?!!!!!!

    this debt was incurred after the ch 13 proceeding filed 1-2-07 and judgment was entered today, so what do i need to do now? i mean can they really come and execute even though i am in ch 13? this makes no sense at all, tyhink the magistrate needs to go back to law school or something?
    If the debt was incurred after the CH 13 was filed, you may have some problems on your hands. As I am sure you are aware, you are not permitted to incure new debt without permission from the Trustee. If it were me, I would contact my BK lawyer ASAP for advice.

    Additionally, others will most likely provide additional information, but I am not sure that the CH 13 automatic stay protects you from being sued on debts incurred after filing. If the debt had occured before filing, the creditor would have had to file a motion to have the stay lifted before filing against you.

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      #3
      im in businesss incurr new debt daily, i cannot help that. once day we may spend $5 next $500 next$50,000 who knows. but business has been very bad these past 3 mo and i have not been able to pay some bills.

      the atty told me before that any judgments filed after you file they cannot touch you for 5 more years. but the magistrate said he was nuts

      Comment

        #4
        This is a tricky situation.

        Can you give some specifics about the when, what, how much, on the debt in question? Is the business a seperate legal entity?

        You mentioned the debt was related to business, are you self-employed...if so, that makes it even more likely this creditor CAN execute

        The code only restricts enforcement of a judgment that was obtained BEFORE commencement of the BK and the Continuation or Conmmencement of a judicial action that was, or could have been filed BEFORE you filed BK. However, that same section does restrict any act to take possession of any property of the BK estate.

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          #5
          Originally posted by papa0881 View Post
          im in businesss incurr new debt daily, i cannot help that. once day we may spend $5 next $500 next$50,000 who knows. but business has been very bad these past 3 mo and i have not been able to pay some bills.

          the atty told me before that any judgments filed after you file they cannot touch you for 5 more years. but the magistrate said he was nuts
          My guess would be that your attorney ment any judgements on pre-existing debt not on newly incurred debt. But I am not a lawyer, call your lawyer ASAP and ask for advice.

          Good Luck.

          Comment

            #6
            the debt is from a temp work agency, the debt amount is 5400$ it was incurred after the filing. the business is listed with my name on the BK 13 filing..... im not sure who to believe the lawyer, or magistrate....

            Comment

              #7
              Originally posted by papa0881 View Post
              the debt is from a temp work agency, the debt amount is 5400$ it was incurred after the filing. the business is listed with my name on the BK 13 filing..... im not sure who to believe the lawyer, or magistrate....
              Well unfortunately, in that debate, there is only one person's opinion that carries any weight in your life at the momemt. THE MAGISTRATE.

              Can you appeal the judgement?

              Comment

                #8
                No offense, but of all debts not to pay, why stiff a staffing agency. They sent people to do work for you, they pay to cover the workers payroll they sent out, pay workers comp., all the taxes and withholdings etc (all up front) and bill you later and then you don't pay.

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                  #9
                  well there is a story here to.... after so long we could have4 hired this guy under our payroll, and we did just that, they ended up billing us for this, and they are saying we are going against our contract, when we already bought it out, we are not screwing them at all, the ex employee is screwing us and them, tried to explain and they said i am lieing.

                  Comment

                    #10
                    Originally posted by papa0881 View Post
                    well there is a story here to.... after so long we could have4 hired this guy under our payroll, and we did just that, they ended up billing us for this, and they are saying we are going against our contract, when we already bought it out, we are not screwing them at all, the ex employee is screwing us and them, tried to explain and they said i am lieing.
                    Well, the court did grant them a judgment...but who is to say on this forum I kinda figured there was a dispute about whether the money was owed.

                    In any event, I don't think they can execute on your personal assets as they are all part of the BK estate. So in that respect, I think your attorney is correct, they can GET the judgment, but they can't do anything with it against you personally until your BK is discharged or dismissed. (But they may be able to go after business assets).
                    Last edited by HHM; 12-10-2007, 11:14 AM.

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                      #11
                      the biz and personal assets are the same, at the time i filed it was sole propreietorship, now it is inc.

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                        #12
                        What kind of business are we talking about?

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                          #13
                          landscaping business

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                            #14
                            we do around 1.5 mill a year sales, not profit. but this year has been extremly horrible due to all the increases, fuel, tax's wage increase, etc etc. had to file ch 13 and cut back alot of labor because of the huge inflation in todays world

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