She took my vehicle...

[miss40i]

What is the name of your state (only U.S. law)? NY

I had a judgment against me for $1000 back in 2005. I filed for bankruptcy in 2006 and listed the judgment in my bankruptcy. She put a lien on a piece of property that I owned. I also listed my property in the bankruptcy and on my credit report, there is no listing of any property that I own. The property is now in foreclosure. Just yesterday, she had a property execution and took one of my vehicles. What are my grounds to stand on? How can she do that if i included her in my bankruptcy?

[dfromnyli]

Originally Posted by miss40i

What is the name of your state (only U.S. law)? NY

I had a judgment against me for $1000 back in 2005. I filed for bankruptcy in 2006 and listed the judgment in my bankruptcy. She put a lien on a piece of property that I owned. I also listed my property in the bankruptcy and on my credit report, there is no listing of any property that I own. The property is now in foreclosure. Just yesterday, she had a property execution and took one of my vehicles. What are my grounds to stand on? How can she do that if i included her in my bankruptcy?

Yep everything sounds kosher here. Despite exemptions you always need to pay debts that are owed to secured creditors in order to keep the collateral securing the debt, your exemptions do not affect their claims. Did you have a bankruptcy attorney? a mediocre one would have told you this.

[miss40i]

I just met with my lawyer and he said the knowing that she was aware that i listed her judgment in my bankruptcy, that she could not do anything to collect on that debt, it was discharged.

[dfromnyli]

Originally Posted by miss40i

I just met with my lawyer and he said the knowing that she was aware that i listed her judgment in my bankruptcy, that she could not do anything to collect on that debt, it was discharged.

you said the creditor had a lien though? liens are typically not discharged.

[miss40i]

on a foreclosed property, but she was discharged on the bankruptcy

[KenGib]

Your bankruptcy lawyer can pursue her for "interfering" with the bankruptcy. Judges hate when creditors do that and can, and often do, award attorneys fees for anything your attorney would have to do to clear the lien.

[dfromnyli]

Originally Posted by miss40i

on a foreclosed property, but she was discharged on the bankruptcy

oohhh the lien was on your real estate property. that is a little different then. And again, the creditors LIEN was not discharged in bankruptcy - this is very rare, in NYS you or you attorney would have had to brought a motion to remove the line. there would have had to been a hearing where you and the creditor appear and you must show cause as to why the lien should be removed. she's kind of silly for taking your car she most likely would have been paid by the proceeds of the sale of the foreclosure action.

[miss40i]

Sorry, i didnt make myself clear enough, just was very angry.... ya she had a judgment against me in small claims court.... it was discharged in the bankruptcy....and the judgment got put on against a foreclosed property that i had.... do i have any rights to sue her now? the sheriff's office is looking into the paperwork now.

[dfromnyli]

Originally Posted by miss40i

Sorry, i didnt make myself clear enough, just was very angry.... ya she had a judgment against me in small claims court.... it was discharged in the bankruptcy....and the judgment got put on against a foreclosed property that i had.... do i have any rights to sue her now? the sheriff's office is looking into the paperwork now.

You are still not grasping the difference between a judgment and a judgment lien.

When you get a judgment in the State of New York, if the creditor decide to pay an extra $15 to obtain what is called a transcript of judgment from the Supreme Court of the county where the defendant owns real property, a judgment lien (totally different the the piece of paper they won against you in court) is placed on your property.

In bankruptcy proceedings, it is very rare to have these liens removed from real property. There has to be a motion brought by your attorney in the bankruptcy court, the other creditor is required to show up and you have a hearing. Do you ever remember this happening? If it did not the lien on your real estate is most likely still valid.


As for the taking of the vehicle she definitely violated the bankruptcy law there imo and you can go after her for that.

[miss40i]

Oh Ya, i know that the lien is still on the property. I am just concerned about my vehicle right now.... one thing at a time.... What kind of things am I able to go against her for for taking the van? I know that there are probably fees involved in having the sheriffs serve the papers and the towing and the storage, but i would think that she is the one that would have to be responsible for that, am I correct? Any help would be appreciated.

[dfromnyli]

Originally Posted by miss40i

Oh Ya, i know that the lien is still on the property. I am just concerned about my vehicle right now.... one thing at a time.... What kind of things am I able to go against her for for taking the van? I know that there are probably fees involved in having the sheriffs serve the papers and the towing and the storage, but i would think that she is the one that would have to be responsible for that, am I correct? Any help would be appreciated.

okay well in this instance most courts have stated that there is no private remedy for the violation of a discharge injunction. What you would have to do is bring a lawsuit for a contempt of a court order. Yes there would be upfront fees involved, you may or may not get them back depending on how far the case got.

[miss40i]

thanks for the info.... i just got a call from my lawyer and i can go get my vehicle and she has to pay all of the fess associated with this whole thing.... the sheriffs for serving me the papers, the tow and storage.....

KUDOS to YOU!!