Judgments in Ch13 question??? http://www.bkforum.com/images/icons/icon8.png

[jacket]

I received 2 judgement from Amex and Chase just right before I filed ch13 and also 1 after I filed ch13 from Discover. I filed Jan 24th,2011 in GA.

Since all three creditors are included in my case,
1. what happens to those judgements after ch13 is over in 60 months (assuming everything goes well as plan)?
2. Could they refile the judgement after the discharge?
3. How long those judgements stay in credit report in GA?


Thanks for your help and I really appreciate your feedback!

[LadyInTheRed]

1. The judgments will be discharged with your other debt. However, they don't automatically go away. A petition to vacate the judgments will need to be filed with the court where the judgments were entered. The fee you pay your BK attorney probably does not cover that, but check your fee agreement to be sure. If it is not covered, you can either pay an attorney to get the judgment vacated or do some research and try to figure out how to do it yourself.

2. No.

3. I don't know, but somebody else probably will. If not, you may be able to find the answer by doing a Google search.

[MSbklawyer]

You need to avoid the judgment lien. In most jurisdictions, this is handled by motion. Are you pro se? See 11 U.S.C. 522(f).

The automatic stay that is in effect prohibits the creditor from coming after you personally for the debt, but the recorded judgments still act as a lien on property. § 522 allows you to avoid the judgment lien. Strictly speaking, you are not 'vacating' the judgment; the judgment remains. What you are doing is avoiding the lien that the judgment becomes when it is enrolled.

522(f)
(1) Notwithstanding any waiver of exemptions but subject to paragraph (3), the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is—
(A) a judicial lien, other than a judicial lien that secures a debt of a kind that is specified in section 523 (a)(5); or
(B) a nonpossessory, nonpurchase-money security interest in any—
(i) household furnishings, household goods, wearing apparel, appliances, books, animals, crops, musical instruments, or jewelry that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor;
(ii) implements, professional books, or tools, of the trade of the debtor or the trade of a dependent of the debtor; or
(iii) professionally prescribed health aids for the debtor or a dependent of the debtor.

http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000522----000-.html

[lolly78]

Hi jacket, just curious, how long did you go without paying before your creditors sued you?

[lrprn]

You've already gotten good answers from Lady and MSBK for your questions 1 and 2.

3. How long those judgements stay in credit report in GA[/B]?

. Even though the dollars you owe on the Amex and Chase judgments can be completely wiped out and any property leins removed once your 13 finishes successfully, because these two judgments were awarded before you filed, both lenders have every right to leave the judgments on your credit reports showing $0 dollars owed or IIB (included in bankruptcy) for seven to ten years. Probably not the news you wanted to hear Your state statutes regarding judgments can come into play as well.

If you filed with a lawyer, he/she should be able to tell you what to expect in your state.

[jacket]

Hi lolly78, I stopped paying all cc debts about 10 months ago and I filed ch13 in Jan'11. I got lot of calls/collection letters but I got a 2nd voip line for incoming calls only for $8/mo and forward all those collect calls to that number for 10 months. Only amex and chase filed judgement.

[lolly78]

Thanks, I stopped paying Chase about 2 months ago so I should have plenty of time to file! Stopped paying discover 3 or 4 months ago and they call all day everyday -every number, even at work! Just waiting on my attorney to finish up all my paperwork.