Judgements

[newstart]

I have a question regarding judgements.

My 341 is next week and I listed a judgement on my bk papers, I later received a subpoena to go to court in January 2006. Since the judgement was made 2 years ago, will it still be valid if it charged off in the bk and they don't show up at the 341 meeting? will I still be required to go to court in Jan. and/or when I go to court in Jan would I just say hey I filed for bk and I don't have it? opinions welcome. (for those of you that read previously posted info this is regarding a wrecked motorcycle I don't have).

[newstart]

Please respond, just curious about the answer.

[FilingOnMyOwn]

Did you not list them as a creditor in your filing? The judgement should be dismissed if they are aware of your filing. Send them a copy of your notice and call to make sure they get it and know about it.

[newstart]

Yes I listed them and they sent me a subpoena about 2 weeks later to come to court in January 2006, my 341 is 12/20/05.

[Genenco]

Well, I'd have my lawyer contact them and let them know the sad truth.

If they get nowhere, then show up, show the Judge the BK discharge and smile at the creditor and laugh merrily as you leave the courtroom!

Of course, that's what I do, if the BK is discharged normally..There may be hitches, but I think (By and large) that there's little recourse for them...But I surely can be wrong.

[newstart]

Thank you, I hope they don't show up at my 341 and I will show in Jan. and do exactly that.

[StaciMM]

Doesn't matter if they show up at the 341. Since this came from something 2+ years ago, there is pretty much NO chance they would win an objection. Too much time has gone by for them to present a fraud case... (HOw can someone prove what you intended that long ago?)

[newstart]

Thanks Staci.