Discover Card files Judgement AFTER bankruptcy!! Help!

[NotEvenADime]

Filed for bankruptcy (chapter 13) - May 23,2008.

Included in the bankruptcy -Discover Card ($9,450)

Discover Card filed and recorded judgement - May 27,2008.

Bankruptcy discharged (including Discover Card) - October 23,2008.

I just applied to get pre-approved for a mortgage because I am going to be selling my current home and purchasing a new one and the lender said that the judgement is on my credit report!!

I don't know where to begin or what to do about it.
The debt was discharged so how can there be a judgement?
How can I get it removed?

Any help would be greatly appreciated!

[keepmine]

Calm down!
Call your lawyer and have him take the steps to vacate the judgment.

[tobee43]

exactly, as keeps says. you have to file a motion to vacate the judgment and get it removed. sometimes you can do it yourself, but i have found depending on where you live it may be best to have an atty get the order done for you. i HATE that it will cost you, but it's well worth it down the road to make certain it's removed.

[AngelinaCat]

That judgment was recorded a few days after you filed. Is it possible that you ignored a summons to court before you filed, and therefore got this default judgment?

It is possible that your 'Suggestion of Bankruptcy' notice, and the court date were so close that 'it crossed in the mail' as it were. If that is the case, once the attorney's for Discover got your notice, court proceeding should have terminated.

If you filed with the aid of an attorney, you need to discuss this with him/her.

[AngelinaCat]

On re-reading your post, it says you filed a Chapter 13, but your timeline reads like a Chapter 7. Which is it?

Also if that court date and the default judgment came AFTER your filing date, and once Discover got your 'Suggestion of Bankruptcy', and the attorneys did nothing about it, there MAY be a potential for sanctions against Discover. But you need to discuss it with your attorney.

[tobee43]

yes, it does read like a 7. but it also may be that discover had the judgment prior? it's difficult to tell at this point, i would most surely discuss with one's atty.

[Pjmax]

Previous posts by OP say Chapter 7.

[NotEvenADime]

I'm sorry for the typo but yes it is a Chapter 7.

Forget asking my lawyer because he is the one that messed it up in the first place among other things!!

Is it possible to file the motion ourselves? If so, what is the first step that I need to do?

Many thanks.

[justbroke]

You would need to read the rules for Pennsylvania civil procedure on how to re-open a case. You may be able to call the Clerk of the Court and "ask a procedural question". That question should be on re-opening a case. You may be required to pay a fee to re-open. You'd then file your Motion to Vacate the order.