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I discovered a judgement recently from a Credit Card after Chapter 7 discharged over a year ago

Pompano Beach, FL |

My attorney missed it, Can this be removed?

Attorney Answers 6

Posted

The answer depends in part whether your case was a no asset bankruptcy case. if it was (meaning that creditors did not receive any recovery) often your attorney can provide the creditor with a copy of your order of discharge and the judgment will be void.

Part of your question deals with "removing" the judgment. That likely depends on when the judgment was entered. If the creditor entered the judgment after you filed for bankruptcy because it was unaware of the filing, your attorney out to be able to convince the creditor to remove it because it is void for violating the automatic stay.

Much will depend on the timing and whether the creditor was aware of the Your bankruptcy case. You mention that your attorney missed the judgment. The information an attorney uses is directly based on the information given him or her by the client. So if anything, both of you may have missed this account.

Your best bet is to contact your counsel to get this remedied.

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Posted

If your case was a "no asset" case, than it is discharged also. If it has converted into a lien against your home and you want to avoid the lien in the public records and clear the title for any future sales/refinances, then you have to reopen your case and file a motion to avoid the lien.

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Posted

thank you

Posted

Mr. Vassalo nailed the answer exactly. Let your bankruptcy lawyer know. By the way, your lawyer did not miss it, you did. Don't blame the lawyer for incorrect or incomplete information. You were responsible for reviewing your Schedules when you signed them.

Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.

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Posted

Thanks for your time, documents from that creditor regarding this issue, were in fact given to my attorney and reviewed by him at the time. I know my responsibilities, but I also hired and paid for his expertise for a reason, otherwise I would have done it myself. I am not "blaming" him, I merely commented that it was missed.

Kevin Christopher Gleason

Kevin Christopher Gleason

Posted

I apologize for jumping to conclusions. My sensitivity to being the target of blame comes of 31 years of putting people through bankruptcy and often being blamed for omission of information which was never shared with me. And occassionally, it was my fault, at which time I did the reopening for free.

Posted

In this District, for no asset cases, it is almost automatic. See Local Rule 5010-1(B). If it is a no asset case, then you need to reopen the case and obtain an order adding the creditor. Asset cases can be problematic and require an adversary action. An equitable result of reopening an asset case, wherein the assets were distributed, could require you to pay the creditor what the creditor would have recovered had the creditor been timely notified in order to participate in the asset distribution.

The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action. My practice has entailed more than a 30 year span of many real estate, personal property, and bankruptcy issues. Find out more about me at: FloridaPropertyLitigation.com.

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Posted

thank you !

Posted

Just a quick not to defend us a little, did you tell your attorney about the suit? If not, then he/she really didn't miss it. Although the attorney should have asked you about lawsuits where you can sue and be sued.

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Posted

yes he was aware of it-he reviewed documents that they mailed me regarding the debt. My comment that he "missed" it was not meant to put blame or criticize..... I truly like my attorney.....and have all the respect for him and all of you !

William Joseph Kopp Jr.

William Joseph Kopp Jr.

Posted

Thanks for the nice comment. Many people just come on here to complain. I'm glad when people use it for what it is for. *** not was meant to read "note" ***

Posted

When a debtor finds a debt that was not included in their bankruptcy they can file a Motion to reopn their case and include the debt. It is important to note that the debt must have been incurred prior to filing the bankruptcy petition.

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