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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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A judgment was issued against me - Help!

Customer Question

A judgment was issued against me in this District Court debt collection action on February 15, 2012. I was unaware of the judgment and filed a Bankruptcy case pursuant to Chapter 7 for relief (and I included the judgment, that I thought hadn't yet been adjudicated). The plaintiff in the debt collection action filed an adversary proceeding. I was under the impression that I couldn't file Motion to Dismiss the Judgment in the District Court until the Bankruptcy Court's exclusive jurisdiction was lifted (at the conclusion of the case). The Bankruptcy case just concluded. I filed the Motion to Dismiss the Judgment in the District Court. Now the Plaintiff in the District court case is stating that I could have filed the motion during the pendency of the Bankruptcy Case, and that my failure to do so prohibits me from seeking relief now. He cites Menzies v. Galetka, 2006, 150 P.3d 480 to support his contention that my filing under URCP 60(b)(6) does not qualify as a basis for relief. I need to come up with some case law (anything) to use in filing my reply memorandum in support of my Motion to Dismiss and in opposition to his Memorandum in Opposition to my Motion. I just need to show that there was a reasonable basis to show that I couldn't file while the Bankruptcy Court exercised exclusive jurisdiction.. Optional Information: State/Country relating to question: Utah

Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 4 years ago.


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

What did the bankruptcy rule, if they discharged the debt, you should cite that, also, the case cited against you does not deal with bankruptcy law, and you should argue that point, I do not have case law to support the matter, except that if the Bankruptcy court discharged the matter, it would be discharged, if they did not, due to you not filing an answer or filing an opposition motion, the District Court should still give you an opportunity to contest the matter.

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