Bankruptcy, prior judgment, credit report

[TXConsumer1]

Texas

I filed for Bankruptcy, but I had a judgment prior to that on a credit card debt. The credit card debt was included in the judgment. But the judgment is showing up on my credit report as a judgment and as not being satisfied. In researching, I believe I have to have the judgment vacated by filing a motion on the judgment to have it vacated and siting the bankruptcy code that says that judgments are void if the underlying debt was discharged in bankruptcy. After that, I can contact the credit bureaus and submit to them the updated judgment proceeding and have the judgments removed entirely from my credit report. I've tried to talk to 2 different lawyers to get them to help me with it, but they both say it isn't necessary or they don't know anything about how to do it. One was a consumer debt specialist and the other a bankruptcy lawyer. I've tried researching this to attempt to do it myself, but I can't find any good examples or instructions on filing the motion myself in Texas. I read through some of the Texas legal procedure documentation and can't find any reference to Motions to Vacate. Only Motion to Modify or Correct a judgment which appear to be only related to mistakes made during a trial, as opposed to the situation here, where a bankruptcy is basically overriding the judgment. Any advice would be appreciated. Thanks.

 

[racer72]

The judgment is a legal and valid entry into your credit report, the entry should also include that the debt was discharged by a bankruptcy. Filing bankruptcy does not remove previously included negative information from your credit report. The entry can stay on your credit report for 7 years. Best case scenario for this situation is to challenge the entry to each credit reporting agency and hope the creditor does not validate the entry, this will cause it to be removed.

 

[TXConsumer1]

Actually, the US bankruptcy code Title 11, chapter 5, subchapter II 11 USC § 524. Effect of discharge states:

"(a) A discharge in a case under this title--

(1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;"

So the bankruptcy voids the judgment by law, but the question is how to make this go into effect on your public record. Once it is voided on the public record it should be just a matter of forwarding the latest record of the case or order voiding the judgment to the credit bureau. But no automatic action happens because of this law, some action has to be done, some motion to the court in order to apply the law to a judgment based on a debt discharged in the bankruptcy.

 

[racer72]

The only requirement that the creditor has in regard to the entry on your credit report is to add that the debt was discharged by a bankruptcy, the bankruptcy code says nothing about removing the entry from one's credit report. Your credit report is not public record.

 

[bigun]

I'd contact another few lawyers and just ask how to file a motion that conforms with Tx. law.
I agree. A requirement per the FCRA is, data reported must be accurate. A judgment that has been vacated should not be listed.