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Are Judgments Discharged in BK?

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    Are Judgments Discharged in BK?

    I made the mistake of talking to one of my creditors because they were calling my relatives trying to find my new telephone number, and that's embarassing for me, and they said that once they get a judgment against me my "unsecured" credit card debt will become "secured" debt which can't be discharged through bankruptcy.

    Is that true?

    How do you overturn judgments and discharge their debt?
    The world's simplest C & D Letter:
    "I demand that you cease and desist from any communication with me."
    Notice that I never actually mention or acknowledge the debt in my letter.

    #2
    hehe, what a crock of sh*t that liar told you.

    an unsecured debt stays unsecured. and a bk can and will discharge that debt.

    if they get a civil judgement against you then thats stands and stays on your record. nothing you can do about it after they get it and then you file bk. but the debt still gets discharged and they cant collect. nothing to do about it in that case.

    if they do get a civil judgement before you file bk then they can place a lien against you and your belongings. thats thte closeest they get to a securement. but once your get your bk filed then you start a motion to avoid a lien due to exemptions and (attorney costs 300-400) to remove the lien and then its goes bye-bye.

    ok, remember that if they dont wint the civil case before your file your bk then you can just take the bk papers into the civil case and show them. it stops the civil case dead in their tracks. and they also cant get a lien anylonger becuase they dont have a judgement against you.

    tell that creditor to go suck your egg-n-sausage. get him on tape if you can and see if you cant sue them for fraud and a $1000 fine
    Im not an attorney or a trustee. You cant trust me either though!

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      #3
      Most collection reps either don't know what they're talking about, or don't care.

      The debt behind the judgement would be discharged-making the judgement pointless. It would not make the judgement notation go away from your credit report. On the other hand, if they excercise the judgement before you file BK and attach it to your bank account, or house, that is another issue. You would not get back any $$ they got from your bank account, though if they seized a large amount the trustee might take it to pay among your creditors equally. And, if they attach a lien, your attorney will need to take extra measures to vacate it.

      Most likely, they were blowing smoke. BUT if you are certainly going to file, keep an eye on anything that comes to you and if you get something about a court date, file your BK before that date and file an answer that you have entered BK.
      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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