Central District Consumer Bankruptcy Attorney's Association

Breach of contract judgments are dischargeable in bankruptcy. List the creditor and they will be discharged. There is no point in reopening the case

Stella Havkin
-----Origaa]" Sent: Apr 9, 2015 4:19 PM To: cdcbaa@yahoogroups.com Subject: [cdcbaa] Re-Opening a State Default judgment
Dear colleagues:
I just subbed into a CH 7 case where the major creditor is a judgment creditor fbased on a default judgment in a breach of contract case. The Debtor was not served and didn't realize he had a judgment until he got served with a notice to appear at a Judgment Debtor hearing. When he called counsel for the Plaintiff to ask what was this and why, etc. that counsel told him the only way he could avoid the judgment was to file bankruptcy which is what Debtor did. He never spoke to a litigation attorney, only a bankruptcy attorney. I am not sure he explained the fact that he had not been served, etc, to his counsel. His defense has merit because plaintiff never accounted for payments made on the written contract and sought compensation for an alleged oral contract which was never consummated.
Does anyone have any recommendations as to what I need to file with the Bankruptcy Court to be able to move forward with the motion to vacate the state court default judgment. Without something from the bankruptcy court, I doubt the state court will allow a motion to vacate to go forward or be heard. I realize that if the judgment is vacated, the case may or should then be remanded to the bankruptcy court in an adversary proceeding.
Thank you
Craig J. Beauchamp, Esq.
Attorney at Law
PO Box 25857
Santa Ana, CA 92799
(949) 689-9709
(714) 835-5763fax
Legallycraig@gmail.com

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Reply-To: Craig J Beauchamp
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Dear colleagues:
I just subbed into a CH 7 case where the major creditor is a judgment
creditor fbased on a default judgment in a breach of contract case. The
Debtor was not served and didn't realize he had a judgment until he got
served with a notice to appear at a Judgment Debtor hearing. When he
called counsel for the Plaintiff to ask what was this and why, etc. that
counsel told him the only way he could avoid the judgment was to file
bankruptcy which is what Debtor did. He never spoke to a litigation
attorney, only a bankruptcy attorney. I am not sure he explained the fact
that he had not been served, etc, to his counsel. His defense has merit
because plaintiff never accounted for payments made on the written contract
and sought compensation for an alleged oral contract which was never
consummated.
Does anyone have any recommendations as to what I need to file with the
Bankruptcy Court to be able to move forward with the motion to vacate the
state court default judgment. Without something from the bankruptcy court,
I doubt the state court will allow a motion to vacate to go forward or be
heard. I realize that if the judgment is vacated, the case may or should
then be remanded to the bankruptcy court in an adversary proceeding.
Thank you
Craig J. Beauchamp, Esq.
Attorney at Law
PO Box 25857
Santa Ana, CA 92799
(949) 689-9709
(714) 835-5763fax
Legallycraig@gmail.com
Dear colleagues:I just subbed into a CH 7 case where the major creditor is a judgment creditor fbased on a default judgment in a breach of contract case. The Debtor was not served and didn't realize he had a judgment until he got served with a notice to appear at a Judgment Debtor hearing. When he called counsel for the Plaintiff to ask what was this and why, etc. that counsel told him the only way he could avoid the judgment was to file bankruptcy which is what Debtor did. He never spoke to a litigation attorney, only a bankruptcy attorney. I am not sure he explained the fact that he had not been served, etc, to his counsel. His defense has merit because plaintiff never accounted for payments made on the written contract and sought compensation for an alleged oral contract which was never consummated.Does anyone have any recommendations as to what I need to file with the Bankruptcy Court to be able to move forward with the motion to vacate the state court default judgment. Without something from the bankruptcy court, I doubt the state court will allow a motion to vacate to go forward or be heard. I realize that if the judgment is vacated, the case may or should then be remanded to the bankruptcy court in an adversary proceeding.Thank youCraig J. Beauchamp, Esq.Attorney at LawPO Box 25857Santa Ana, CA 92799(949) 689-9709(714) 835-5763faxLegallycraig@gmail.com

The post was migrated from Yahoo.