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Could a judgement become a secured debt in a bankruptcy file of Chapter 7 ? Could a reaffirmation contract then be used ?
Hamden, CT
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Posted 6 months ago in Bankruptcy / Debt
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The plaintiff has aquired a judgement >the
Defendant has filed for Bankruptcy during the post-judgement processs . (chapter 7) Answers (1)Christopher Joseph Fein
This attorney is licensed in Massachusetts.
Posted 6 months ago.
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Yes and no. The answer to this question depends on the circumstances. First, what did the creditor do after obtaining the judgment? In Massachusetts a judgment is typically followed by the issuance of an "execution". The plaintiff sends the execution to the local sheriff's department to attach any available assets of the defendant. In the meantime the judgment creditor remains unsecured. The post judgment procedures may be different in your state.
Oftentimes it does not make sense for a judgment creditor to "levy" the execution by hiring the sheriff to attach the asset. For example, it does not make economic sense to attach a $10,000 car subject to a $12,000 loan. To better answer your question we would need to know more. My advice to you is to call an experienced bankruptcy attorney in your area to discuss this matter in more detail. Good luck! Christopher Fein |