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I had a large civil judgement placed against me and my business

(sole propieter, sp?) by the...
I had a large civil judgement placed against me and my business (sole propieter, sp?) by the Commonwealth Of Pennsylvania and at the same time need to file bankrupcy (chapter 7) at some time. Is their such a thing as their judgement enterred against me being automatically allowed to be part of the bankrupcy if I wait a certain period of time to file my bankrupcy?
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Answered in 11 minutes by:
12/9/2008
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
Experience: Attorney and Real Estate Broker -- Retired
Verified

As long as the judgment is entered (meaning that you have received a "notice of entry of judgment" from the court) before you file for bankruptcy protection, the bankruptcy court will have jurisdiction to discharge the judgment (assuming that the judgment is dischargable under federal law).

 

Even if the judgment is entered while your bankruptcy is pending, you can amend your petition to include the judgment. However sometimes a pending state court action can have an adverse affect on the bankruptcy trustee's ability to exercise control over your assets. So, you may want to discuss the effect of the state court judgment with your bankrupty attorney before you decide when to file your bankruptcy petition.

 

 

 

socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
Experience: Attorney and Real Estate Broker -- Retired
Verified
socrateaser and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 9 years ago
How do I know whether is is dischargeable or not? I received an ORDER stating the moving party is entitled to judgement.

I'd say that's pretty conclusive.

 

 

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Customer reply replied 9 years ago
Sorry? I don't understand your answer. I asked how I know whether it is dischargeble or not and asked for the link to file the other thing you suggested.

If the court ordered judgment in favor of the plaintiff, then that is a judgment. However, the court may have also ordered the plaintiff to prepare a proposed judgment for entry by the court -- or, the court may write the judgment itself. Until that judgment is entered, you're not completely done.

 

You can call the attorney for the plaintiff and ask if they are preparing a final judgment and when they expect to file it for the court's signature.

 

As for knowing whether the judgment is dischargable, that depends on what the judgment is for. Here's some info on dischargable debts: http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/discharge.html#debts.

 

Concerning the "link" you requested, I see nothing in any of your previous posts about any link, so you'll have to clarify your question.

 

 

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Customer reply replied 9 years ago
Their was a write up in the newspaper about me today saying they were going to enter a judgement against me and try to collect the monies. I only own my car. Can they take my car and if so, can I sell that to my husband tomorrow and be protected?
I do not understand how they can do this when I have been in the middle of submitting everything needed to prove I was set-up.

Yes, they can take your car, and if you sell it to your husband in order to avoid the creditor, you will be liable for a fraudulent transfer and the creditor can still reach the car.

 

As far as your being "set-up," apparently you have been communicating with other experts here for a while about this subject. I have not read those communications, however, your being set up by someone else, may give you rights against that person, but it doesn't necessarily avoid your liability to others.

 

 

socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
Experience: Attorney and Real Estate Broker -- Retired
Verified
socrateaser and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 9 years ago
I am on dissability and see atleast 5 specialist, I must have a car to go to the appointments. Can they take my dissability money or child support or house furniture.My husband owns our home. I assume they cant take that, can they? How can we protect our assets? An irrevocable trust fund?

Disability, no.Your husband's home, no. Your car, yes. Any transfers made now, to a trust, or otherwise will be deemed frauduent and intended to avoid the creditor.

 

If you have a lot of assets other than that which you've described, then you may want to consider moving to Texas or Florida, because those jurisdictions have very high homestead exemptions so you can protect a large amount of money in your home.

 

But, you have to move for a reason not connected to avoiding your creditors, otherwise the court will not permit you to save your assets in the home.

 

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Customer reply replied 9 years ago
Assets in the home?? Are you saying they can take furniture, etc? What about child support? Can't I file chapter 7 now and be able to keep my car? I can't move. I only have furniture and a car. Please tell me what else I can do to keep my items? I am having all my messages and questions errased. If this is done before you get back to me, I will get back to you

Rather than going over this piecemeal, take a look at the chart in the attached link. This is the federal set of bankruptcy exemptions applicable to Pennsylvania. It seems to be more beneficial to you then Pennsylvania's state exemptions.

 

http://www.bankruptcyinformation.com/exemp-fed.htm

 

You're obviously very concerned about your situation. Bankruptcy lawyers provide free consultations. You really should consider contacting one locally and discussing your specific situation, so that you will know exactly where you stand.

 

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socrateaser
socrateaser
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Category: Bankruptcy Law
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