Judgment Creditor filed BK but never listed Judgment =
Posted: Fri May 03, 2019 4:57 pm
Got it. Assuming that the creditor would reopen, then wouldn't make more sense to negotiate with the creditor and pay something? The reason I believe that the creditor will be real aggressive is that he has a lawyer.
Also, isn't there a risk of having the discharge revoked for failing to disclose the asset during the case?
Regards,
Tuan Le, Esq.
8562 Florence Avenue
Downey, CA 90240
Tel: (562)904-1193
Fax: (562)262-2846
tuanl@stevelopezlaw.com
DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
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see jesseelaw@aol.com [cdcbaa]
Sent: Friday, May 3, 2019 4:51 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Judgment Creditor filed BK but1. I would double check the docket to make sure the judgement creditor has not tried to renew the judgment yet. 2. You need to be crafty so as not tip off the judgment credi never listed Judgment as Asset
Sure, but it might be like biting off your nose to spite your face. If you do that it might result in the judgment creditor timely reopening the bk and allowing the bk trustee to renew the judgment. Like I said, evaluate the timing and the judgment creditors actions and be cagey until such time as the 10 years runs or the judgment creditor seeks to renew the judgment!
Mark T. Jessee
Law Offices of Mark T. Jessee
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
"We are A Debt Relief Agency"
(805) 497-5868
(805) 497-5864 Facsimile
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In a message dated 5/3/2019 4:33:38 PM Pacific Standard Time, cdcbaa@yahoogroups.com writes:
Thanks for the info Mark. Could I try to raise the standing issue if they bring a debtor's examination?
Regards,
Tuan Le, Esq.
8562 Florence Avenue
Downey, CA 90240
Tel: (562)904-1193
Fax: (562)262-2846
tuanl@stevelopezlaw.com
DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
________________________________
oups.com> on behalf of Mark Jessee jesseelaw@aol.com [cdcbaa]
Sent: Friday, May 3, 2019 4:05 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Judgment Creditor filed BK but1. I would double check the docket to make sure the judgement creditor has not tried to renew the judgment yet. 2. You need to be crafty so as not tip off the judgment credi never listed Judgment as Asset
1. I would double check the docket to make sure the judgment creditor has not tried to renew the judgment yet.
2. You need to be crafty so as not tip off the judgment creditor about the need to renew and the lack of standing. You want the clock to run out.
3. If the judgment creditor tries to renew, then the judgement debtor can promptly raise the standing issue. Review Code of Civil Procedure sections 683.010 through 683.220 for the nuances.
Mark T. Jessee
Law Offices of Mark T. Jessee
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
"We are A Debt Relief Agency"
(805) 497-5868
(805) 497-5864 Facsimile
In a message dated 5/3/2019 3:51:07 PM Pacific Standard Time, cdcbaa@yahoogroups.com writes:
Mark - close but it has not been 10 years yet. The judgement creditor has just started his collection efforts and sent a demand for payment. My guess is next will be debtor's examination and probably renewing the judgment. Would it make sense to file an objection to the debtor's examination and renewing the judgement if it got to that?
Regards,
Tuan Le, Esq.
8562 Florence Avenue
Downey, CA 90240
Tel: (562)904-1193
Fax: (562)262-2846
tuanl@stevelopezlaw.com
DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
________________________________
oups.com> on behalf of Mark Jessee jesseelaw@aol.com [cdcbaa]
Sent: Friday, May 3, 2019 3:40 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Judgment Creditor filed BK but never listed Judgment as Asset [1 Attachment]
[Attachment(s) from Mark Jessee included below]
The judgment creditor has not had standing to do anything with the judgment since the judgment creditor's personal bankruptcy case was filed and continues to have no standing until and unless the judgment creditor's personal bankruptcy case is reopened and abandoned back to the judgment creditor. Otherwise it remains an asset of the bk estate and only the chapter 7 trustee has standing to do anything.
If entered in California the judgment is only enforceable for 10 years from entry unless renewed within that time frame. Has it been over 10 years since the judgment was entered? Has judgment creditor tried to renew the judgment since the bankruptcy case was filed without having standing to do so? Best thing your pc could hope for is the judgment to become unenforceable by expiration of the 10 years from its entry..
Mark T. Jessee
Law Offices of Mark T. Jessee
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
"We are A Debt Relief Agency"
(805) 497-5868
(805) 497-5864 Facsimile
In a message dated 5/3/2019 3:13:19 PM Pacific Standard Time, cdcbaa@yahoogroups.com writes:
Yes, unless it doesnt have value and the bankruptcy trustee abandons it back to the debtor. Judgment creditor effectively does not own it anymore. It belongs to his bankruptcy estate.
The post was migrated from Yahoo.