My original question: My bankruptcy lawyer didn't get my paperwork put through today, and I have a summary judgment Mon. The Response:
A summary judgment is treated as any other judgment - 10 years. Since you are filing bankruptcy, the judgment appearing on your credit report is not going to make matters much worse, if at all.You can not force the delay of the hearing for summary judgment as it would take the agreement of the opposing party.I am surprised that your attorney can not file the BKC over the weekend, since attorneys are required to file electronically. There may or may not be reasons that the filing of the bankruptcy after the summary judgment hearing has concluded will not make a difference, and it would take a WA attorney familiar with your circumstances to provide that answe
I know I can include the debt from the summary judgment in my bankruptcy petition after monday. I'd just rather stop the summary judgment before it happens. This seems smarter? Right? I've already paid my attorney (who is out of town this weekend). Is it legally possible to hire someone else over the weekend, file an emergency petition, and then have my own attorney follow through with the rest of the bankruptcy next week? Obviously knowing I'd have to pay someone else to file the emergency petition, is that possible? Is that wise? I have all of the paperwork completed that's necessary to file.
Unless you hire another attorney over the weekend, it's not going to be filed until Monday. Only the attorney and their staff can access and file using the electronic system. If you hired someone over the weekend, you could file an emergency petition and file the balance of the bankruptcy within 14 days.
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Even if you don't get your bankrupcy petition filed until Monday or later and can't stop the hearing itself, you can still include in your petition whatever debt this summary judgment hearing is based on, assuming it's a dischargeable contract claims and not an non-dischargeable intentional tort claim.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
I understand your concern and why you would like to avoid having the summary judgment entered against you. If you lawyer will be back tomorrow and you can reach him early in the morning, he may be able to file the petition electronically before the state court hearing takes place. If so, the judgment will be in violation of the automatic stay provisions of the bankruptcy code and could be stricken.