Bankruptcy & Judgement on my back

[trishay12345]

undefinedWhat is the name of your state?
I live in Miami, Florida

On June 7, 2005 I attended a pre-trial conference for a credit card debd that I owed. The Judge asked how much I could pay monthly and rejected the amount that I offered. She stated that $10.00 monthly would never pay off a $4,111.04 debt. She granted a judgement to the plaintiff for the amount in question, plus interest at 7% per a year. Since this court day, I filed a petition for chapter 7 bankruptcy on June 29, 2005; pro se. I recently received a copy of the final judgement from the creditor. It was stamped on the bottom July 06, 2005, done and ordered. In addition, a questionaire entitled "Fact information sheet" was attached. The letter stated that under Claim rule 7.343 of Florida small claims rules, that I had to complete this form and return it. I belive that the creditors have already been notified of my filing. My question is the following.
1. Since I filled for bankruptcy on 06/29/2005, will this debt be discharged pending the final bankruptcy hearing?
2. Do I need to appeal the motion for the judgement to be dissmissed, or will the bankruptcy stop any further efforts to collect the debt or file a lien?
3. If I do not fill out the questionaire and return it back, can the creditor file a motion to compel me to provide the personal info on the form?

 

[bigun]

Did you include this debt in your bk filing?

 

[JETX]

On June 7, 2005 I attended a pre-trial conference for a credit card debd that I owed. The Judge asked how much I could pay monthly and rejected the amount that I offered. She stated that $10.00 monthly would never pay off a $4,111.04 debt. She granted a judgement to the plaintiff for the amount in question, plus interest at 7% per a year. Since this court day, I filed a petition for chapter 7 bankruptcy on June 29, 2005; pro se. I recently received a copy of the final judgement from the creditor. It was stamped on the bottom July 06, 2005, done and ordered. In addition, a questionaire entitled "Fact information sheet" was attached. The letter stated that under Claim rule 7.343 of Florida small claims rules, that I had to complete this form and return it. I belive that the creditors have already been notified of my filing. My question is the following.
1. Since I filled for bankruptcy on 06/29/2005, will this debt be discharged pending the final bankruptcy hearing?

Possibly. The potential problem you have is that the judgment is dated AFTER your petition. An argument could be made that it was 'post-filing' and not included. You would then have to argue that the underlying debt was pre-filing, and the court would rule. I suggest you simply file an amended creditor matrix (since your case is still open) to include this judgment specifically.

Do I need to appeal the motion for the judgement to be dissmissed, or will the bankruptcy stop any further efforts to collect the debt or file a lien?

An appeal is not required. Simply, contact the court IN WRITING and advise them that the judgment and debt are included in the filing. Give them the court and case number.

If I do not fill out the questionaire and return it back, can the creditor file a motion to compel me to provide the personal info on the form?

Do as advised above.

 

[trishay12345]

Bankruptcy and Judgement on my back.

undefined
I reside in Miami, FL

I did notify the court of this Judgement on my statement of financial affairs and on the schedules. In addition I sent a letter to the creditor notifying them that I filed for Chapter 7 Bankruptcy. I included the case # in the letter. My 341 meeting is scheduled for August 02, 2005.