Bankruptcy atty question...

[STV_Keith]

Anyone on board a bankruptcy atty? Got a quick question about how a judgment I filed against someone will hold up after a bankruptcy. PM me. :)
Thanks!

[C-2]

Generally it depends how your judgment is held and what type of BK they filed (Chapter 7 or 13, and whether or not the case is completed to discharge, or dismissed), certain judgments are non-dischargeable such as restitution due to a crime, fraud judgments.
HokeySon should be able to help.:)

[redneckcharlie]

Generally it depends how your judgment is held and what type of BK they filed (Chapter 7 or 13, and whether or not the case is completed to discharge, or dismissed), certain judgments are non-dischargeable such as restitution due to a crime, fraud judgments.
HokeySon should be able to help.:)
I'm not sure about the law in your area, but here, in NM, you can file your judgement with the county clerk. In some jurisdictions the court can discharge the actual burden to pay the debt, but not the actual judgement. Here it stays for 14 years, and is still up in the air. Here it will supposedly attach itself to whatever property they have, and come up during any type of closing on property. Property being real estate. This is what my attorney had me do on an outstanding debt. Good luck. The other method of collecting is having a couple of scarey friends go pay a visit to the deadbeat! :jawdrop:

[STV_Keith]

Well, the story is my ex-wife let our commonly owned vehicle go to repo after our divorce, even though the divorce decree put it in her responsibility. I had to pay to keep it off my credit, so my atty filed a motion and a judgment was granted.
About 6 or 8 months ago my ex went through bankruptcy...not sure which one...but I wasn't listed (or notified) as a creditor.
Just wanted to know if my judgment still stands since I wasn't notified or if I'm SOL.
Thanks guys.

[redneckcharlie]

I hate to say it, but in your situation your most likely never going to see a dollar. Chapter seven is a complete discharge of debt and the others are reorganizations of different kinds. She most likely did a seven. You might be better off just writing it off and letting it go. Good luck.

[C-2]

HokeySon really is the qualified person to answer your question, especially since it sounds somewhat complex. Your statement about your attorney filing a motion suggests the judgment was rendered in your divorce proceeding, as opposed to a separate lawsuit?
We can check to be sure you were not included as a creditor, that's a good first step and I can do that for you, PM a name and city. It will also tell us what type of BK she filed, and whether or not it was successfully discharged.
HUGE difference between discharged (where the debts go bye bye), and DISMISSED, where the case was not successfully completed and any debts not discharged or repaid during the BK remain intact. Most Chapter 13's end up in dismissal, or conversion to 7.
I think is she failed to include your judgment (and there is no confustion about whether or not it was part of the divorce settlement), then you can pursue collecting it.

[STV_Keith]

Correct, I had him file the motion about 2 years after our divorce, once I had taken care of (and got final figures from) dealing with the bank on the vehicle. Cost me almost $11k to make it go away, keep it off my credit and keep the bank from garnishing my wages. It was her responsibility in the divorce decree, but we were joint on it, so I get screwed.
I doubt I was listed as a creditor. I honestly don't think she knew about it. They sent her the letter, registered mail, and I heard it was returned (couldn't find her). It still stands though I assume.
It was Chapter 7. :(

[SB]

Well a debt would be discharged. If she listed you as a creditor, you would have received notice of the proceeding, possibly with instructions file a proof of claim.
However, it is still possible that you can have the family court force her to pay you. Have your divorce lawyer check with a bankruptcy lawyer.

[boatnam2]

hate to say it but the exact same thing happened to someone close to me she ended up paying 10k and still had her credit.

[STV_Keith]

Isn't divorce great?! Pretty much the same thing here John. I paid it to get out from under it, but I'm out the 11k. It's her debt to me now...so I'm going to try my best to see if I can collect it. If I can collect, it's basically found money for me at this point.

[HokeySon]

Isn't divorce great?! Pretty much the same thing here John. I paid it to get out from under it, but I'm out the 11k. It's her debt to me now...so I'm going to try my best to see if I can collect it. If I can collect, it's basically found money for me at this point.
This is more complex than it seems at first blush and not something that can be answered without more details. Need the details on the BK (as c-2 alluded to) in order to know your rights. Also need to know when you got your judgment and what, if anything you have already done to enforce it. I can look into it and tell you where you stand. PM me if you want (or ask c-2 to pull the informtion -- either way).
ps: thanks for the plugs c-2!

[HokeySon]

I think is she failed to include your judgment (and there is no confustion about whether or not it was part of the divorce settlement), then you can pursue collecting it.
generally this is right, but (as you probably know) when faced with a real debt, the debtor will usually try to reopen the case to get it discharged. Lots of money there.

[DaddyMack]

Isn't divorce great?! Pretty much the same thing here John. I paid it to get out from under it, but I'm out the 11k. It's her debt to me now...so I'm going to try my best to see if I can collect it. If I can collect, it's basically found money for me at this point.
Keith..
Typically, if the debtor failed to list you as a creditor, the debt still stands, no matter the type of filing (7 or 13). That may have changed with the new bankruptcy laws, but the new laws made it generally tougher to discharge a debt, so you may be okay. If she listed you as a creditor and they couldn't find you it may be discharged.
If HokeySon is a bankruptcy atty he should be better able to answer. I haven't done any bankruptcy work in years, and then only as creditor's atty.
In the state of nevada a judgment is good for 6 years, but may be renewed every six years. If you don't renew it, you lose it.

[HokeySon]

whatever you do, DO NOT do anything to try to collect on the debt before you resolve the discharge issue. You don't want to ending paying her for violating a fed court injunction.