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Judgment AFTER Bankruptcy


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#1 Mg42Mann

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Posted 13 February 2012 - 11:00 AM

I have a judgment that was filed and won back in 2007. But doing a bankruptcy search through PACER.gov, it shows that the debtor had filed a bankruptcy in 2004 with the FINAL DECREE being filed 01/03/06.

Since my judgment has taken place after the Final Decree, does that mean I can still try to collect on it? I'm pretty sure that is an obvious YES, but I just want to make sure that past bankruptcies don't inhibit future claims.

I also image that a FINAL DECREE means that the bankruptcy case is finalized and therefore closed from further action?

-Matt


#2 pg1067

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Posted 13 February 2012 - 11:23 AM

Your post begs a few questions.


1. When did claim against the defendant on which the judgment is based arise?


2. Was your claim against the defendant included in the bankruptcy?


3. When you sued the defendant, did the defendant contest the claim, or did you obtain a default judgment?


4. If your answer to #2 is that the defendant did appear in the case and contest the claim, did he/she/it raise his/her/its bankruptcy filing as a defense?


Mg42Mann said...

I also image that a FINAL DECREE means that the bankruptcy case is finalized and therefore closed from further action?

A case could be re-opened in appropriate circumstances.






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