Minneapolis, MN asked in Bankruptcy and Civil Litigation for Minnesota

Q: How to get rid of judgment from creditor no longer in business and was unable to notify of chapter 7

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Make a motion to avoid the lien and judgment in the bankruptcy court.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: If you have a judgment from a creditor who is no longer in business and you were unable to notify them of your Chapter 7 bankruptcy, there are steps you can take to address this issue. First, it's important to gather any documentation you have regarding the bankruptcy filing, including the list of creditors you intended to notify. This can help establish your intent to include the creditor in the bankruptcy process.

Next, consider reaching out to the bankruptcy court where your case was filed. They can provide guidance on how to proceed, especially if the creditor's business closure prevented them from being notified. You might need to file a motion in the bankruptcy court to have the judgment declared as discharged, particularly if it was indeed included in your bankruptcy filing.

In some cases, it may be necessary to seek legal assistance to navigate this process effectively. An attorney can help you file the necessary motions and represent your interests in court. They can also help you understand your rights and the implications of the creditor's business closure on your bankruptcy case.

Remember, dealing with post-bankruptcy issues can be complex, but taking the right legal steps can help you resolve these matters and move forward.

Martha Warriner Jarrett agrees with this answer

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