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..
MY QUESTIONS
-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?
-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..
MY QUESTIONS
-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?