Will this help my prevent an AP?

[socal1105]

Hello... me again... got another question... actually, more like a brainstormer.

So as some of you guys already know, I have this bogus $27k civil judgment that I'm eager to get discharged when I file for BK. I will probably file anywhere from 3 - 6 months from now. Needless to say, the judgment owner will object and might even try pursue an AP since I would mainly be discharging this judgment and about $4k of old CC collections (have no other debt).

So what I was thinking was contacting the judgment owner and requesting a settlement agreement along with an installment plan... mainly so I can show that I had every intent of settling this judgment while I was financially able. However, due to an unforeseen job loss after a couple of months, I will no longer be able to continue paying him and will then have to file BK as a result.

What do you guys think of that? Do you think that would prevent him from pursuing an expensive and timely AP when that time comes knowing I can argue that I was proactive in paying this judgment, but due to hardship I have to file BK now?

Also, would creating an installment agreement for a civil judgment make it more difficult to discharge later for any reason that I can't think of? Obviously, I'm trying to cover all grounds and make sure I'm not missing anything. Thanks everyone...

[backtoschool]

If this is a judgement gotten by a person, there will be more emotions in the process then if a credit card company got the judgement. You don't have to even do a search, even the first couple of pages of this forum are filled with filers that are having their bankruptcies delayed, destroyed and having AP's by family members, ex wives, ex partners, etc who have civil actions and judgements that they don't want discharged in the bankruptcy.

On the other hand, fraud is difficult to prove. The creditor will have to prove in a AP that you had intent to get out of the judgement, and a payment arrangement really helps negate that intent. Unfortunately, you will still have the expense and time consumption of the AP, but I think the payment arrangement will help showing you had the INTENT to pay the creditor off.

[HHM]

No point in going through the charade, if they already have the judgment, just file BK.

The creditor does not get to re-litigate the case in BK, if the underlying judgment includes a finding of fraud, then that portion of the judgment will not be discharged, if not, then the judgement is discharged.

[socal1105]

No point in going through the charade, if they already have the judgment, just file BK.

The creditor does not get to re-litigate the case in BK, if the underlying judgment includes a finding of fraud, then that portion of the judgment will not be discharged, if not, then the judgement is discharged.

I guess I was thinking or hoping that by doing this installment plan and showing intent, he might consider NOT attempting an AP knowing his chances will then be slim to none... and that would obviously save me a lot of money and headache.

[HHM]

If he is that litigous, it won't matter.

The fact is, the judgment is already there. No point in proposing anything.

[music12]

whether they file an AP won't depend on whether you settle something now. in fact, they could use it against you that you made an agreement knowing you would soon lose your job and would not be able to pay. from your post, obviously the job loss is not unexpected. if they file an AP, that would be a strong claim against you. so why do it?

i also had a bogus judgment against me. i was 100% sure they would object to my bk. my lawyer said they would not, but i was still sure they would based on their past behavior. but they didn't. i couldn't believe it. so, you never know.