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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33914
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I was forced to sign a confessed judgment in bankruptcy court

Resolved Question:

I was forced to sign a confessed judgment in bankruptcy court by my representing attorney. He stated he had another matter and could not try my case in an adversarial proceeding the case because he had another trial the day of my trial. So I could not try the case myself and signed. He also knew the the attorney for the plaintiff had gotten a previous judgment in the circuit court by fraud on the court. The attorney for the plaintiff knew he had committed fraud on the court because I showed him documents that proved by clear and convincing evidence that his case in the lower court was meritless. The initial judgment in circuit court was by a default judgment. In the circuit court, the attorney had his client to make false statements about the the relationship between myself and the plaintiff and how much the plaintiff was owed. I owed the plaintiff nothing. I have joint venture agreements to prove my case signed by the plaintiff and myself. The attorney is now attempting to enforce the confessed judgment. I have not been served yet however the matter has been filed and docketed. This matter is in the state of Maryland.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.

Hello,

Under USDC MD Rule 108, you have 30 days from docketing of the judgment to file a motion with the bankruptcy court for relief from judgment, on grounds that your confession was not knowingly, voluntary and intelligently made. You could also bring a motion for sanctions against your own attorney for using a confession of judgment as a means to manage his case load. That's a pretty serious violation of bankruptcy court norms, and the attorney could be suspended or even disbarred from the federal courts.

Please let me know if I can be of further assistance.

Hope this helps.

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33914
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

The confessed judgment was filed in the circuit court where the judgment arose. The confessed judgment was signed during the proceeding of the bankruptcy adversary hearing set for trial. Do I file a motion in both courts since the bankruptcy proceeding is closed or just the circuit court?

Expert:  socrateaser replied 1 year ago.
Both courts.

In bankruptcy court, you would be seeking to reopen the case and then seeking sanctions against the bankruptcy attorney who effectively affirmed a debt against you without court approval while the bankruptcy stay was in force. The bankruptcy court probably has jurisdiction to declare the confessed judgment in state court void as in violation of the bankruptcy stay.

In circuit court, the rule I provided would have no force. However, the MD rule is similar -- you have 30 days to file a motion to set aside the confessed judgment. So, to be safe, I would file in both courts.

Hope this helps.
Customer: replied 1 year ago.

Thank you

Expert:  socrateaser replied 1 year ago.
You're welcome and good luck.

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