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Judgment during bankruptcy how to vacate Business Bankruptcy

Discussion in 'Bankruptcy Law' started by glad2hunt, Nov 30, 2010.

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  1. glad2hunt

    glad2hunt Law Topic Starter New Member

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    Here are the facts
    -I filed chapter 7 BK in 10/14/2005 and standard discharge 4/13/2006 and CLOSED 8/9/2006.
    -I had a personal small claims suit for a vehicle sold on ebay, default judgement awarded May of 2006 (one month after BK discharged). Amount of $675.
    -This small claims issue was discussed with my attorney in May of 2005 when the plaintiff sent a notice to me about the suit wanting me to pay for repair of the vehicle that I sold him as-is, and fees for wrecker service and motor repairs etc.
    -MY BK attorney downplayed this by saying the judge would see the BK paperwork and vacate or not enter into judgement as a result.
    -I RESEARCHED PACER docs online to find that this person was not included in list of creditors.
    -I have researched HOW to submit a vacate from the NJ courts online and ready to do so..

    -I am worried about pandoras box; my BK attorney does not practice any longer. Will this open a can of worms? I am required to send certified mail to plaintiff when I file request to vacate.
    -Since the debt (not the court date) occurred during BK filing/and prior to BK discharge, will the judge see this as a reason to vacate?
    -Without the BK paperwork showing this listed in creditor filing, will any BK paperwork suffice when I submit request to vacate?
    -Do I need to attempt amending the BK paperwork to include this in my list of creditors? I have NO documentation supporting this since it was 5-years ago, other than the judgement amount and this persons contact information.

    Is there a simpler method of getting this remedied besides motion to vacate?
  2. army judge

    army judge Super Moderator

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    This won't be simple.
    You can hire an attorney to TRY and get the judgment vacated. But, on a $700 judgment, that would make unsound financial sense.

    You can try and settle with the holder of the judgment.

    Or, you could cough up the lousy $700 and be done with it.

    Of course, the judgment will be reflected in your credit reports. But, it's been some time, so should age off in a little bit.

    This is far more problematic than the $700. Even if you get it vacated, the damn credit bureaus will fight taking the stain off your name. But, the BK is there, so why bother!

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