Will bankruptcy eliminate a judgement filed against me?

Question

I had a judgement from a credit card and filed bankruptcy 2 years later. The bankruptcy included the account and stated there was a judgement as well, yet 7 years since having my bankruptcy discharged this judgement is still showing up on my credit. Everytime I try to purchase anything, I have to fax my bankruptcy paperwork showing this was included. But now that I am trying to refinance a morgage on my house, they may not be able to do it because of this judgement. I am faxing (yet again) a copy of the final paperwork, but I wonder if the judgement is infact still there. I thought that if they required us to pay it would have to be paid prior to them discharging our bankruptcy and since no one said we had to pay them I just assumed it was included.

Answer 1

I am sure of my answer....your judgment was included in your bankruptcy and you do not have to pay it.

Check your credit report and be sure it's listed as "included in bankruptcy". It should have no balance on it. Also look at the other debts and make sure they are listed this way.

If any show you still owe, then send a dispute letter to the credit bureau, along with copies of your bankruptcy paperwork showing those accounts are included. The credit bureau has 30 days to fix this error, or your filing a lawsuit against them.

Contact your attorney. You remember.....that's they you you paid hundreds of dollars to in order to file your bankruptcy and deal with problems like these? Tell him what's happening and make him do his job!

Answer 2

I'm not sure about the credit card - but in the industry I am familiar with (taxes) the judgment does not go away - there is tolling time, which basically means while in bankruptcy, collections efforts cease, but the judgment and balance remain and the tolling time is not considered when adding up lienable time frame - so folks that have filed bankruptcy have the debt the judgement and additional interest that was adding up while the bankruptcy proceedings occured.

Hope this helps

Answer 3

If this judgement was included in your bankruptcy you do not have to pay it, but you do need to make sure it is listed correctly on your credit reports.

You first say the judgement is on your report, then you say you "wonder if the judgement is infact still there". If you are not sure, that is the first thing you should check on. To do this you should review your credit report and you can do this for free from http://www.annualcreditreport.com . If it is no longer on your report you are done. So I would not even worry about anything else until you find this out.

Now, if it is still there you should be able to have it removed outright. From what you wrote it sounds like the suit is 9 years old. A civil judgement is only allowed to remain on your report for 7 years. There are states that allow a judgement to be renewed but I can see no reason they would renew a judgement that was included in a bankruptcy. So to dispute this once you have your credit report you need to send them copies of the bankruptcy showing the included judgement. Be sure to send this by Certified Mail with return receipt. If after 30 days they do not remove it you can take further action.

Section 605(a)(2) is what lists the time limit for the Civil Judgements.

605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.

(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.

(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.(1)

(5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1

(6) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless--

Answer 4

under the recent financial ruin rules, you would be required to pass via credit counseling to make certain in case you're eligible for financial ruin 7 or financial ruin 13. no count if it incredibly is desperate you're eligible for financial ruin 7, the judgments would be discharged till they're for taxes, pupil loans, new child help and there may well be one or 2 different varieties of debt that may not be in a position to be eradicated. no count if it incredibly is desperate which you will pay off some or all the debt, you will record for financial ruin 13, meaning you would be set up on a fee plan to pay off some or all the debt. you're able to be able to desire to make certain a counselor to make certain your status and what debt could be discharged. without understanding what the judgment is for, it is not available to respond to your question. If this is for a credit card, then i might say sure, it may well be discharged with the financial ruin. no longer all credit counselors have been authorized via the branch of Justice as authorized counselors for financial ruin. pass to the link under and discover one on your state and make an appointment or see a financial ruin lawyer who can propose you on your next steps.

Answer 5

Will bankruptcy eliminate a judgement filed against me?

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