If the judgment was "excluded" from the bankruptcy because it was accidentally left out, the case should be re-opened to properly include it and get the judgment debt discharged.
If it's not listed, it cannot be discharged, and it wasn't something anyone went through during the BK.
If the judgment was properly listed on the schedules but was excluded because the judgment creditor successfully challenged its dischargability, then the debt WAS part of what you went through with the BK but you essentially lost. The term "res judicata" would apply to EVERYTHING you or the judgment creditor would try to do about that debt from now on. The issue has been decided, and if the time for appeal or motion to reconsideration or whatever has passed, then there really is nothing left to do.
An earlier Chapter 7
is NOT an obstacle to filing a Chapter 13
for anything that was not previously discharged. The cute name for this is the "Chapter 20" (7 + 13 - 20, there is not really a Chapter "20" in the BK code
). Many, but not all, debts not dischargeable in Ch 7 can be discharged in Ch 13 after all payments in the approved 5-year plan are made. The payments are based on actual regular income, minus ALLOWABLE living expenses. Just about every penny left over goes to the BK trustee, who divides it among the creditors until the Plan is completed.
Most people who think they were not properly served regarding a lawsuit which has gone to judgment are not aware that service *can* be by publication in the newspaper if the plaintiff can't find you. Challenging a judgment as void because of improper service requires a very fact-intensive inquiry beyond the scope of what can be done on an informational site like this one. However, please be aware that quashing prior service of process often only rewinds the clock to the beginning, and the plaintiff can then just start all over again and do service properly and leave you to defend the lawsuit. If the judgment was based on money loaned and not paid back, that would be a hollow victory followed by another loss.
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