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.
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?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).