We passed the means test, question about judgements

[jlynn275]

My attorney emailed today and said we passed. I asked if we passed by a little or a lot and she said "enough it won't be a problem as long as all the information you gave is accurate". So that's a relief.

My husband had a very rough patch about 11 years ago (before we met) and had an eviction (judgement) and another one for past rent (breach of contract) and when we bought the house our realtor had something done to these in order for us to get the loan, but I cannot remember what they did or if it was legit. I searched the records and it looks like one is showing "dismissed", but the other one is showing it's still open. I don't know if either of these places even exist anymore as they haven't come after him, but now would be the time to get rid of this just in case, right? Is this something that the attorney does as part of the filing??

This place is awesome, thanks for much for all the help and information. Having this place makes it feel easier.

[backtoschool]

You can add those debts to your petition and they will be discharged. You will have to pay extra after your discharge to vacate the judgments with the courts that issued them. Most courts charge around $200 to do this.

[2manybills]

Usually judgments are only valid for 10 years in most states unless the judgment creditor seeks an order from the court extending the judgment. I would include them in the list of creditors, but also ask your attorney about the length of time that a judgment is valid in your State. These judgments may have expired by now anyway.

[tcreegan]

Hi jlynn,

Get the open judgement vacated. You file the BK notice w/ case # and file date and/or discharge papers at the court where the judgement was awarded.

Not normally part of the BK atty fees, but it is pretty easy to do yourself. Ask the clerk of the court where the judgment was awarded what forms you need, where and how to file.

You're getting a 'fresh start' might as well clean up the loose ends...

Tom in Colo