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03-19-2002, 02:04 PM
| | |  Judgements filed after bankruptcy notification!
In Virginia
If a bankruptcy notification goes to creditors on 5/02 can they file judgements after that date? It is my understanding that once they recieve notification of a pending bankruptcy chap 7(from the courts) they are to stop any collection activity. |
03-19-2002, 02:43 PM
| | Senior Member | | Join Date: May 2001
Posts: 6,454
| | | A bk filing brings an automatic stay to the collection process. Everything stops until this is sorted out. |
03-20-2002, 10:51 AM
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Thanks for the confirmation. So judgements brought after notification are illegal? After bk is discharged the judgement should not appear on the credit report, right? If it does what is the recourse? How is the judgement removed and included in the bk where it should be? |
03-20-2002, 11:10 AM
| | Senior Member | | Join Date: May 2001
Posts: 6,454
| | | Hold on a second. A bk will discharge the debt that resukted in the judgement but, it won't wipe the judgement off your credit report. If you have judgements that were granted prior to the bk filing, you and your lawyer will need to reappear before the court that granted the judgement and petition the judge to vacate the judgement.
You use the date 5/02 in your first post. I assume that's the date you'll file. Be certain your lawyer knows about any pending legal action. Any court action against should be brought to a halt once the bk petion is filed. |
03-22-2002, 03:42 PM
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No, the judgments came after the bk notifications - lawyer's advise was to discontinue payment when he notified the court and creditors. 5/98 was the bk notification; 8/98 the bk was discharged; the judgments were filed 7/98. The 5/02 date was a hypo. Are they allowed to do this even after notification of the bk, knowing that they aren't supposed to pursue? Can you address this with this information please?
Last edited by czl; 03-22-2002 at 03:49 PM.
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03-22-2002, 04:25 PM
| | Senior Member | | Join Date: May 2001
Posts: 6,454
| | | Wow, that should not have happened. The only way I can think of that this is legimate would be the items they got the judgements on couldn't be discharged. I'm thinking student loans, court ordered child and/or spousal support. etc.
I'd suggest calling the lawyer that handled the bk for you and ask what happened. |
03-25-2002, 08:48 AM
| | | | They are 3 retail accounts. No student loans, child support orders or other exordinary obligations. If I'm unable to get my original lawyer, would it be difficult for a new lawyer to have these vacated? Thanks in advanced. |
03-25-2002, 09:14 AM
| | Senior Member | | Join Date: May 2001
Posts: 6,454
| | | No, it ought to be routine for any lawyer to get this mess vacated. | |
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