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#1
03-20-2005, 04:35 PM
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Chap 7 & past open judgementsWhat is the name of your state? NY I just have a quick question regarding past/current judgements. Must I list the courts that awarded judgements against me as a result of creditors suing me on any schedule of the Chapter 7 filing documents, or just the creditor and amount? Additionally, may I list the court fees associated with that proceeding (creditor attorney's fees, creditor court filing fees) that were shifted to me? I have combed through the NOLO text, as well as this forum, and I apologize if I missed anything that may have answered my question rather than submitting an additional posting to this forum. |
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#2
03-21-2005, 06:50 AM
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| List the judgment and the judgment credtor and the whole amount - including court costs and attorney's fees. There should be a place on the forms to list judgments and open lawsuits.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#3
03-21-2005, 04:01 PM
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| According to my bankruptcy paperwork it looks like you would list the judgment on Schedule D. (Creditors Holding Secure Claims). This form covers judgment liens, garnishments, statutory liens, mortgages, deeds of trust, and other security interests. Good luck! SF |
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#4
03-23-2005, 06:14 PM
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| Thank you for your input Ladynred, I'm not certain why adding it altogether was not as obvious as it seems it is now after you pointed that out....but you know what they say about seeing forests through trees (or something to that effect  )Thank you as well Sinking Fast, I read your dilemma in a previous, I wish you luck and thank God that I'm not in your shoes. I have in fact studied Schedule D quite a bit in the past few weeks, and I'm still not completely certain that it is the appropriate schedule for listing unsecured debt that became judgements. I'm hoping to shed more light on which Schedule to list that variety of debt with a bit more research, but if you hear anything drop me a line please. |
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#5
03-24-2005, 12:05 AM
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| Hi, nap68. Sorry, I (obviously) posted my suggestion in a hurry. After taking a second look at Schedule D. it doesn't seem like that would be the place to list judgments against unsecured debt, since it specifically says "secured claims" and instructs the filer to list the property that was used as security. Of course, you could list the total amount of the debt under the column "Unsecured Portion If Any".  Is going crazy one of the penalties for filing bankruptcy?  SF |
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