What is the name of your state? Oregon
Hello,
I have a sticky situation that I could use some advice on.
I have been assigned a judgment, which was rendered on March 27, 2003. The judgment amount is $92,686.66 plus interest.
The cause of action was “Breach of fiduciary duty, negligence and conversion.”
Debtor filed bankruptcy, chapter 7 on 08-31-2001.
The discharge was granted in December 2001, but the case closed November 2003. I am not crystal clear on what this means, but I am assuming that they had to reopen the case for some reason. Does that mean that my judgment is dead in the water???
I pulled the creditor matrix from Pacer, and the original creditor of the judgment is not listed. I have sent out 6 garnishments to banks and places of employment. This has prompted a voice mail message from the judgment debtor’s husband.
I have been advised by my attorney to stop the garnishments and to tell the judgment debtor that we are checking into the situation. I have been further advised by the attorney that we may have to reopen the bankruptcy and file an Adversarial Motion. My attorney has advised me that this Adversarial proceeding could cost from $1,000 to $10,000 depending on how hard the debtor fights.
He has also informed me that there is a possible tort claim and that I should wait until after the new Bankruptcy laws take effect on October 17, before taking any adversarial action. I believe I have explained this case well enough so that some of you bankruptcy gurus can, hopefully, respond.
Thank you.
Hello,
I have a sticky situation that I could use some advice on.
I have been assigned a judgment, which was rendered on March 27, 2003. The judgment amount is $92,686.66 plus interest.
The cause of action was “Breach of fiduciary duty, negligence and conversion.”
Debtor filed bankruptcy, chapter 7 on 08-31-2001.
The discharge was granted in December 2001, but the case closed November 2003. I am not crystal clear on what this means, but I am assuming that they had to reopen the case for some reason. Does that mean that my judgment is dead in the water???
I pulled the creditor matrix from Pacer, and the original creditor of the judgment is not listed. I have sent out 6 garnishments to banks and places of employment. This has prompted a voice mail message from the judgment debtor’s husband.
I have been advised by my attorney to stop the garnishments and to tell the judgment debtor that we are checking into the situation. I have been further advised by the attorney that we may have to reopen the bankruptcy and file an Adversarial Motion. My attorney has advised me that this Adversarial proceeding could cost from $1,000 to $10,000 depending on how hard the debtor fights.
He has also informed me that there is a possible tort claim and that I should wait until after the new Bankruptcy laws take effect on October 17, before taking any adversarial action. I believe I have explained this case well enough so that some of you bankruptcy gurus can, hopefully, respond.
Thank you.