I filed Chapter 13 in 12/2004. I then converted to a Chapter 7, one of the creditors that was included has a judgement against
Margate, NJ
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Posted 5 months ago in Bankruptcy / Chapter 7
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I filed Chapter 13 in 12/2004. I then converted to a Chapter 7 and was completely discharged 7/2005. On my credit report it states that I have a judgement that was filed 12/2004 from American General Finance. Then under Adverse accounts it states it was included in BK7 and they were in fact included. I called the court and they said I do not have a judgement against me and that I need to call the lawyer stated on credit report. I did this and he told me that I have to have my attorney take it off. Why is it when I ask the CR's to take it off or investigate they continue to keep it on as a judgement but state its included in BK7, they can't verify it. Its on my BK discharge paperwork. I was never served because I got BK protection. Any help would be appreciated
Answers (1)Nancy Baum Delain
This attorney is licensed in New York.
Posted 5 months ago.
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Your credit record is very likely to be correct. Money judgments can and often do survive bankruptcy, and those surviving judgments show up on a credit report. It's an easy thing to overlook in the proceeding. The debt underlying the judgment is discharged, but the judgment remains. The judgment creditor cannot collect on the debt, but the judgment remains on your credit record for up to 20 (in some states 21) years from the date of the judgment, and the money judgment may be able to be renewed for another 20 (or 21) years. This is true even though the underlying debt has been discharged in a Chapter 7 bankruptcy (Chapter 7 bankruptcy is what "BK7" means; you can get that off your credit record 10 years after discharge).
You have at least one option to get rid of the judgment: file a motion with the court where you filed your bankruptcy petition to re-open your case to remove the money judgment. The court will order the judgment lifted for good cause shown (interference with post-bankruptcy life is very often considered to be "good cause"). If going through the bankruptcy court does not work for you for whatever reason, it may be that New Jersey has in place state law that will allow you to get the judgment removed under that state law (New York, where I'm admitted, has such a law; I don't know about New Jersey). If it is indeed true that the judgment was removed during the bankruptcy, then you need to get the credit bureaus to investigate and remove the notice of the judgment from your record. Do this by writing to all three of the major credit bureaus ( www.experian.com ; www.transunion.com ; www.equifax.com ). Inform them that this is an error on your credit record and request that they remove the notice of this judgment. They will have to investigate and verify the existence of the judgment and provide you with the results of that investigation if they end up keeping the judgment on your record. Good luck with it! THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
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