Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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?