Legal Question in Bankruptcy in California

Judgement placed in 2007, bankruptcy discharged in 2008. Debtor is not specifically listed on bk papers. I am trying to buy a house and the judgement is showing up. When mortgage company called debtor they say it was not included in bankruptcy. Of course they would say that, they still want there money.... But what can I do to show the mortgage company I no longer have that debt?

Bankruptcy was filed in Wyoming

Asked on 8/03/13, 8:38 am

2 Answers from Attorneys

Scott Jordan Dunning Law Firm

If the judgment debt was not list as a debt in the bankruptcy, it was not discharged. If not discharged, the debt is still owed. It may be a harsh rule, but it is the rule nonetheless.

At this point, your only option is to file a motion to reopen the bankruptcy and amend the schedules to include the judgment debt. If the judge approves the motion, which is at best 50/50, you can amend the schedules and then wait the 90 days and petition the court to close the case again. This will all have to be done in Wyoming.

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Answered on 8/03/13, 3:40 pm

Charles Andersen Charles Andersen, Atty

The judgment creditor has to be listed, moreover, you must also file a motion with the court to avoid the lien and obtain an order.

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Answered on 8/03/13, 10:11 pm

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