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Nishan Parlakian
Nishan Parlakian,
Category: Legal
Satisfied Customers: 56
Experience:  Principal at Consumer Law Office of Nishan Parlakian, Esq.
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We have a previous judgement on a residential couple. My

Customer Question

We have a previous judgement on a residential couple. My husband is a contractor and was not paid for the job. There is a lien on the property and it was brought forward to court where we won the judgement with an annual interest accrued. the couple is in bankruptcy now, we just received a "motion to dismiss" from their lender and out names our on this. This went to the vermont supreme court. What does this mean for us? How do we make sure we are not out the funds that are owed to us for the services we were already granted judgement on?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. 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.

I am sorry to hear about this situation. You state "This went to Vermont Supreme Court." WHAT when to Vermont Supreme Court - you original case before you got judgment, you mean?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
No. The previous case was with my husband's company against the home owners who did not pay for services. about 3 months ago, we were given a heads up by the sheriff that the couple were filing bankruptcy. We never heard from their lender until just now, which is Wells Fargo. The "motion to dismiss" was filed by Wells Fargo's lawyer and sent to the Vermont Supreme Court with a docket #. We have no previous communications with that company. As we had a lien on the property and a judgment against the couple already in tack years ago, I think Wells Fargo is trying to dismiss any liens that are attached to the property so they can sell. Does that make sense? do we have any recourse at this point?
Expert:  Ely replied 1 year ago.

Yes, it does. Is there any way you can attach the filing to your reply, or, not?

Customer: replied 1 year ago.
No, I don't have it with me and it is not electronic. I guess the question is can we stop Wells Fargo from getting judgment to dismiss the money that is owed by the couple.
Expert:  Ely replied 1 year ago.


Thank you for your reply. Can you at least tell me where in the BK the couple is, and/or, how your judgment has specifically been affected by the BK aside from being stayed (paused) from collection?

Customer: replied 1 year ago.
I don't know where the BK is. I don't know. I think it is because of the lien that was placed by us for the collection of funds. It is a contractors lien on the property. We then took them to court and judge gave us the judgment against them and also placed a percentage interest annually until it is paid.
Expert:  Ely replied 1 year ago.
Thank you. Unfortunately, there is little that I can answer because (1) I do not know what the bank is arguing to get the lien dismissed, and (2) I do not know the specifics of the BK as in how it affected the judgment.
I am going to opt out of your question and open this up for other experts.
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There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.
My apologies for any inconvenience and good luck.
Expert:  Nishan Parlakian replied 1 year ago.

Hello and I am sorry for the trouble. In short yes, there is some recourse you have to at least get some portion of the lien enforced even through bankruptcy. Wells Fargo is most likely the mortgage holder and has priority secured lien. They may in fact have the right to set aside all other liens and unsecured judgments in the bankruptcy. However, in the bankruptcy you should have been officially notified by the filing party that they were filing for Bankruptcy. It is urgent that you find out where the bankruptcy action is taking place so you can file a claim and have some sort of examination by the bankruptcy trustee. The trustee will have the ability to sort through your matter. To try and find the claim there is a website called "Pacer". This website has all of the Federal Cases listed by state. So if the bankruptcy was someplace in Vermont you could look up the bankruptcy courts in Vermont and then search by name. If you are not sure where the people are you can try and find out by enlisting a search firm on the internet with as much information as you have. I believe that you will be able to find these people and determine what court they are in. Then you must get a hold of the trustee and tell them you were not informed. You are a creditor and should have been informed. So please. Give it a shot. This is doable by you. Good luck, Sean