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I Filed a Chapter 13 Bankruptcy and a Creditor Got a Judgment Against Me. – Joanne

“Dear Steve,

I filed for Bankruptcy in 2010, while in the process of doing so one of my creditors went to court to receive a judgement against me. This company was informed that I had filed for bankruptcy but pursued there claim. On my credit report it shows that I have a judgement against me however they have never pursued those funds.

I came out of bankruptcy early and this company has not come after me for the funds, I have saved the money in case they do. Do you think I should wait and see if they contact me or should I contact them. I think the debt is older than 6 six years, what’s you opinion of what I should do?

Joanne”

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The Answer

I Filed a Chapter 13 Bankruptcy and a Creditor Got a Judgment Against Me.   Joanne

Dear Joanne,

This is a timing issue.

It is unclear if the creditor already had the judgment by the date you filed or not. It also sounds as if you filed a chapter 13 bankruptcy since you said you got out of it early.

Did you terminate your bankruptcy or was the included debt in the bankruptcy discharged?

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

I Filed a Chapter 13 Bankruptcy and a Creditor Got a Judgment Against Me.   Joanne
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Joanne

    Hello Steve, I’m the person who asked you about the judgement against me, I did file a chapter 13 came out early.

    The debtor that filed for judgement was informed that we were filing for bankruptcy but pursued their claim just the same. They got into court a few weeks before I went into bankruptcy court. So I’m not sure exactly where I stand. Am I liable?

    I have settled with all my creditors except two that have never contacted me. One has me listed under wage earner status

    And the other under judgements. I have settled all other accounts. I have been just waiting to see what will happen with funds available in case they do persue me. My bankruptcy attorney said maybe you will be lucky and they will never come after you. My question is can they come after me?

    Thanks for your help,

    Joanne

    • http://GetOutOfDebt.org Steve Rhode

      It would seem they then received a valid judgment and it was never discharged in your bankruptcy because your bankruptcy was terminated before a discharge.

      I suppose they could technically pursue the collection of the judgment and the other creditors could pursue the collection of the other debts.

      The judgment would have continued to accrue interest and depending on what state you live in it could be active for many years.

      Is there a reason you did not file a chapter 7 bankruptcy instead?

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