My attorney missed it, Can this be removed?
Chapter 11 Bankruptcy Attorney
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.
3 lawyers agree
Chapter 7 Bankruptcy Attorney
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.
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.
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.
2 lawyers agree
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.
Chapter 7 Bankruptcy Attorney
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.