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Motion To Vacate Judgment

Discussion in 'Civil Court, Procedure & Litigation' started by bigredbus, Mar 16, 2008.

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  1. bigredbus

    bigredbus Law Topic Starter New Member

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    Hello. My name is Pete from Syracuse, NY. I filed a chapter 7 bankrupcy petition in the US Bankrupcy Court For The Northern District of New York in 2005. I received the discharge in September 2005. This petition was straightforward without any property ownership. It included a Judgment in the amount of $3,000.00 obtained by a collection agency on Long Island, NY. All debts have been removed from my credit report except the Judgment. It remains "unsatisfied" in spite of several requests by letter to the collection agency. I phoned the law firm in Syracuse which handled the filing and the attorney was arrogant and behaved as though he did not wish to help me; he insisted I give him $1500.00 up front first and he wouldn't guarantee the result. I have spent much time researching my problem and plan to file an Ex-Parte pro se Motion to Re-open the bankrupcy case in the US Bankrupcy Court for the Northern District of New York and a Motion to Vacate a Judgment pursuant to Federal Rules of Civil Procedure 55(c) and 60(b)(5).I spoke to someone at this court and was told under these circumstances my motions would probably be granted even sometimes over the objection of the collection agency in the event they decide to opose my motion. My research says this court has jurisdiction under 28 USC 1334, 157(b)(1), (b)(2), (f), and 28 USC 158. I researched the format my motion must follow and have printed the form used (Official Form 20A). Am I on the right track? If not, what must I correct? Thanks.
     

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