Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
does bankruptcy stop a confession of judgement?
Response 1: Yes, it does. If the company does not object to the dischargeablility of the debt and succeeds and you obtain Discharge Order from the Court, the debt would be discharged in your bankruptcy.
Country relating to Question: United States
State (if USA): New York
What have you tried so far?: I work in brokeridge firm, i had two arbitrations as a result of the crash a few years ago.The firm settled instead of arbitration proceedings.The owner of the firm conned, minipulated coerced,and threatened me to sign a "confidential agreement" to pay the firm back -in full! I want to fight because they took advantage of me. Can i fight against coersion?
Response 2: Yes, you can. However, if you file for bankruptcy and the confession is rendered null and void, there would be nothing to fight.
also, there is a "confession of judgement" attached to the agreement that states the firm can still file a confession of judgement against me if i file for bankruptcy.
Response 3: That agreement is not enforceable. You cannot waive the rights granted to you by the Bankruptcy Code.
if i file for bankruptcy, can the firm still make a claim against me for the monies? p.s. i asked the first question and didnt get an EXACT answer. Please let me know if the firm can still come after me for the monies after i file for bankruptcy. thank you wayne m.
Response 4: No.