10 Years Later. Thank you :)

[dmeyer07]

Hello everyone,

First off I just wanted to say thank you to everyone on this forum (those who are still around 10 years later). I successfully filed bankruptcy almost 11 years ago and have since built my credit back to a 750 with almost no debt . I'm now looking to buy a house and have finished tying up one loose end I wasn't aware of when I originally filed bk.
Judgements!
I didn't realize I needed to file for satisfaction of judgement due to bankruptcy to get the judgments on my record cleared (Wisconsin court records or CCAP).

Long story short, I successfully filed these motions and have had all but one judgment marked as satisfied.
That is why I'm writing today.

I was denied and a hearing scheduled for this one. Reason being "Not listed on schedule F" -This is true.

A quick run down of what we're talking about here:
Judgement is for "Judgment for replevin" Amount $285.00
Creditor was a bank, and this was for an auto loan I had with them.
I ended up turning over the car back to them in 2008.

Now I have the auto loan listed on my schedule F, as well as my unsecured loan i had with the bank.
I did not specifically list this replevin amount as I didn't even know about it at the time.

Question is, since this wasn't listed on the schedule F is it technically still owed even though the reason for the $285 replevin fee was the auto loan, which was discharged in chpt 7? Am I just going to have to bite the bullet and pay this off, or do you think the judge will satisfy it?

I have reached out to the bank but they are not in business anymore.. having a hard time.

[justbroke]

Was the vehicle listed in the Chapter 7 and surrendered (or already repossessed)? If so, then the fee was discharge, plain and simple. Any judge that understands how Chapter 7 works will easily fix this. But that doesn't mean that a state-court judge will understand the nuance between the creditor being noticed because the debt was part of the automobile loan which was clearly listed the bankruptcy petition (Schedule E/F).

Additionally, a no-asset Chapter 7 discharges all debt that arose prior to filing (unless it was reaffirmed). I would say the automobile was prior debt (even if a replevin fee was later added).

[dmeyer07]

Was the vehicle listed in the Chapter 7 and surrendered (or already repossessed)? If so, then the fee was discharge, plain and simple. Any judge that understands how Chapter 7 works will easily fix this. But that doesn't mean that a state-court judge will understand the nuance between the creditor being noticed because the debt was part of the automobile loan which was clearly listed the bankruptcy petition (Schedule E/F).

Additionally, a no-asset Chapter 7 discharges all debt that arose prior to filing (unless it was reaffirmed). I would say the automobile was prior debt (even if a replevin fee was later added).

Thanks for the quick reply!
Yes the vehicle was listed in the chapter 7 and surrendered (prior) to the bankruptcy filing.

[justbroke]

If that's the case, I don't see how that is not part of the bankruptcy estate. I don't think the exception applies (where you're in an Asset Case and did not list a debt). This debt is from the original creditor and the creditor was notified of the bankruptcy. Hopefully you can explain this to the state court.

[dmeyer07]

So I reached out to the bank who was the original creditor for the auto loan, which this judgement came from. They are not being helpful at all.. Here was their responses. I'm simply asking them for what their records show on this matter.. do i owe them money in their system or not ya know?


"The $285.00 is for court costs from a replevin action from 2008 for case # ***********

Verve does not satisfy judgments due to bankruptcy. Please reach out to your legal counsel regarding obtaining a satisfaction due to bankruptcy.

Thank you,
"
I inquired further and was told:

"I have spoken with my manager, and this is their answer to your inquiry -

Verve does not satisfy judgments due to bankruptcy. If you are looking for an answer as to why the judgment has not been satisfied, I would suggest asking your bankruptcy attorney why they did not satisfy the judgment once your bankruptcy discharged.

If you don’t have the original information and copies that were provided to you as part of the judgement process, you can also request this information at the Clerk of Courts Office.

Verve, a Credit Union cannot be of any further assistance in this matter."

Am I going about this wrong or something? why would the original creditor not know if their records show me still owing money..? How would the court know this?? I swear this little judgement has been more hassle than my entire bankruptcy case!! Tempted to just pay it off and be done with it ugh

[justbroke]

Just go to the hearing with your bankruptcy discharge and all your schedules. Make at least 3 copies of those items and ask to have them entered as evidence.