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MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 723
Experience:  Founding Partner at Moises Law, P.A.
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I wanted to know my I had a civil judgement

Customer Question

Hi, I wanted to know my I had a civil judgement against me and I need to know what my options are. I filed bankruptcy in 2014 and I currently have no assets. I felt that the judge never asked my current financial situation as I'm am currently unemployed and 62 yrs old with a disability case with SSI. Can you inform me about the possibility of finding representation for an appeal case? thanks
Submitted: 7 months ago.
Category: Legal
Expert:  MIAMILAW1127 replied 7 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

According to the relevant statute in New Jersey, you have 45 days from the entry of the final judgment to appeal the decision of the court. You're only two options in this case would be to appeal the judgment or to file bankruptcy to strip the judgment.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Expert:  MIAMILAW1127 replied 7 months ago.

2:4-1. Time: From Judgments, Orders, Decisions, Actions and From Rules

  • (a) Appeals from final judgments of courts, final judgments or orders of judges sitting as statutory agents and final judgments of the Division of Workers' Compensation shall be taken within 45 days of their entry. However, appeals from final judgments terminating parental rights shall be taken within 21 days of their entry.

Customer: replied 7 months ago.
Hi, I filed bankruptcy in 2014, will this be taken in account with this case?
Customer: replied 7 months ago.
Hi, will the bankruptcy filed in 2014 apply to this case or do I need to filed another bankruptcy?
Expert:  MIAMILAW1127 replied 7 months ago.

Was it a Chapter 7 or Chapter 13?

Expert:  MIAMILAW1127 replied 7 months ago.

Chapter 7 to Chapter 7. If you have already received a discharge in a Chapter 7 bankruptcy, you must wait eight years from the date you filed the previous case before you can file another Chapter 7 and receive a discharge.

Chapter 13 to Chapter 13. If your debts were discharged in a prior Chapter 13 case, you cannot receive a discharge in a subsequent Chapter 13 unless it is filed at least two years after the date the first case was filed. Because it usually takes three to five years to complete a Chapter 13 repayment plan and receive a discharge, you can typically file for another Chapter 13 bankruptcy and be eligible for a discharge immediately after your first case is closed.

Chapter 7 to Chapter 13. If your first discharge was under a Chapter 7 bankruptcy, you can file for a subsequent Chapter 13 and be eligible for a discharge if the case is filed at least four years after the filing date of the initial Chapter 7. But keep in mind that filing a Chapter 13 bankruptcy after receiving a Chapter 7 discharge can still help you pay off priority debts or get caught up on missed mortgage or car loan payments even if you are not entitled to a discharge. Filing for Chapter 13 bankruptcy following a Chapter 7 discharge is commonly referred to as a Chapter 20 bankruptcy.

Chapter 13 to Chapter 7. Finally, if you received a discharge in a previous Chapter 13 bankruptcy, you must wait six years from the date the Chapter 13 was filed before you can file for and receive a discharge in a subsequent Chapter 7 case. But there is an exception to this rule. The six-year rule does not apply if, in the previous Chapter 13, you paid back:

  • all of your unsecured debts, or
  • at least 70% of your unsecured debts and your plan was proposed in good faith and your best effort.
Expert:  MIAMILAW1127 replied 7 months ago.