Legal Question in Bankruptcy in Virginia

info in credit report: part 2

I have a judgement against me that was filed after bankruptcy proceedings had started. I was told (after posting on LawGuru) that I have two possible remedies: a contempt proceeding in bankruptcy court, for violation of the automatic stay, or an action in the state court, under the VA satisfied judgment provision. I was also advised to consult with my bankruptcy attorney who should be able to assist me with either. I contacted my bankruptcy lawyer who told me ''don't worry about it'' and let his disinterest be known. So, is there anyway I can handle this myself, maybe a strongly worded letter to ...who? Can the creditor have it removed (once they see my documentation and a a letter threatening action) ? This may be trivial to my original lawyer, but it's not his credit or public record it is affecting so negatively. Thank You.


Asked on 8/14/07, 10:46 pm

1 Answer from Attorneys
Richard S. Stolker Uptown Law, LLC

Re: info in credit report: part 2

Obtaining a judgment against a debtor who is in bankruptcy is a violation of the bankruptcy stay. If the bankruptcy case is still open, a motion for sanctions against the creditor should be filed, requesting money damages for violation of the stay. If the bankruptcy case has already closed, it will first be necessary to file a motion to reopen the case.

If your bankruptcy attorney is not interested, you should consult other counsel.

Richard S. Stolker, 301.294.9500.

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Answered on 8/15/07, 9:36 am


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