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Judgment Creditor filed BK but1. I would double check
Well revocation of discharge under Section 727(d) is only possible if it has been 1 year or less since the case was closed or the discharge issued depending on the subsection of 727(d) involved. If the judgment creditor as a lawyer intentionally withheld information from his bankruptcy schedules there is a serious state bar ethics issue also.
All that said it does not help you or your pc. The nondisclosure cannot be used as leverage against the judgment creditor as that would be blackmail/extortion and a violation of the rules of professional conduct.You could negotiate something, but then the agreement would be unenforceable because the judgment creditor had no standing to enter into it.
Mark T. JesseeLaw Offices of Mark T. Jessee50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360"We are A Debt Relief Agency"(805) 497-5868(805) 497-5864 Facsimile
In a message dated 5/3/2019 4:58:05 PM Pacific Standard Time, cdcbaa@yahoogroups.com writes:
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
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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. JesseeLaw Offices of Mark T. Jessee50 W. Hillcrest Drive, Suite 200Thousand 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.
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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. JesseeLaw Offices of Mark T. Jessee50 W. Hillcrest Drive, Suite 200Thousand 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. 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.
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