QUESTION
What happens if I got a deferred judgement from filing a chapter 13 bankruptcy?
Asked on Apr 04th, 2012 on Bankruptcy - California
More details to this question:
I am in the process of filing for Ch. 13 bankruptcy and just received a deferred judgement against me on a civil suit. How much time do I have from the deferred judgement date to file for Ch. 13 bankruptcy without garnishment or liens being issued?
5 ANSWERS
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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I think you mean a "default" judgement. If the creditor is very aggressive, you could be garnished in about a month if you do not file the bankruptcy first.
Answered on Apr 24th, 2012 at 4:51 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Figure 30-60 days after judgment, application for garnishment, and service on your payroll and/or financial accounts.
Answered on Apr 04th, 2012 at 11:41 PM
There's no way to tell. The process and expediency of the lawsuit usually depends on the motivation of the creditor and cooperation of an employer.
Answered on Apr 04th, 2012 at 5:48 PM
If the debt upon which the judgment is based was incurred before you filed bankruptcy, you should have listed the debt in your Petition and provided for the claim under your Plan. The automatic stay remains in effect during the Plan period which prohibits things like wage garnishment and perfection on liens. Hopefully you did not file Chapter 13 without an attorney. If you did, you should contact an attorney immediately.
Answered on Apr 04th, 2012 at 5:08 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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The filing of the bankruptcy annuls or cancels the judgment and any action against you to collect the judgment. Immediately upon filing the order takes effect. You need to give notice to the judgment holder. If there was a lien filed against you then you need to have your attorney file a motion to set aside the judgment lien.
Answered on Apr 04th, 2012 at 5:00 PM