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for the schedule D with them listed which they are not. My attorney has says AMEX is wrong but if they insist he will have to reopen my case and strip the judgement in a separate action. Does this sound correct and should I have to pay for his m...
As long as American Express was scheduled, properly noticed and subsequently discharged, you no longer have any personal liability for the debt. Whether the debt was listed on Schedules D or F should not be the determining factor. The Judgment does not "disappear" as a result of the bankruptcy discharge, however, the judgment creditor may no longer come after you personally for the debt. If you are concerned about the judgment clouding the title to your homestead property, your attorney could petition to re-open your case and file a lien avoidance action. This is generally an extra service and fee for most attorneys whether done during or after a bankruptcy. Alternatively, when you sell your home, your real estate attorney could prepare an Affidavit of Homestead, which generally makes non-consensual judgments not attachable to the sale proceeds. Otherwise, if you do not own a homestead, your attorney may simply record a Suggestion of Bankruptcy in the State Court with the schedules and discharge attached. This way anyone doing a public records search on you would see that the debt was included and discharged in your bankruptcy and the judgment may no longer be collected on.See question