How a bankruptcy affects collection of a judgment
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- Опубликовано: 11 ноя 2024
- A bankruptcy filing by someone you have a judgment against does not always stop you from collecting on that judgment. At first you are stopped due to the automatic stay.
This video helps you understand what information you need to know to be able to get protection and try to recover on your judgment even if a bankruptcy is filed by knowing what to ask to find out your options.
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I'm the daughter Personal Representative ( PR ) of my deceased Mothers Estate. The court awarded the Hoa the Forclosure Judgement against her Estate without a trial or hearing, she passed in 2018, she could not appear, testify, anything I would say would be hearsay or anyone else . The Hoa served my husband 2017 at her home with this case against her, named The defendant while she was at a senior center in her final two years of life, unable, Dr's orders she could not cognitive with disability appear in court.
Q. Is that Improper Service, she was never served, could not defend, answer, testify, etc.
They served me 2020 her daughter named as PR of the Estate of my deceased Mom's Estate. The Judge said I was not on title, could not be named as Defendant and I'm not on contract with the Hoa.
Q. The homeowner my deceased Mothers Estate had the contract with the Hoa, deceased in 2018 does that terminate the contract from 2018 forward?
Mom passed daughter who had to take the BK to stop the Sheriff Sale not knowing how to defend, Pro Se and not the defendant,, not on title and not on contract with the Hoa.
Q. Would tgat be an improper filing to save the Estate?
The Hoa took their claim to the second Sheriff Sale, I had to take the second BK to get the Stay, now the Hoa is trying to lift the stay, they would take to another Sheriff Sale throwing two disabled seniors in the Street.
I am setting dates with the Hoa to take before the Probate case, Civil to challenge the Hoa's inflated amount claimed after the Probate Judge said to set for a Status Conference . The last bill I saw was under $6,000.00, they started their case $30,000 at Civil, $47,000 at Sheriff Sale and $66,000 at Bankruptcy Case. The Hoa would not accept a payment plan and could not prove to me any of the payment, stating , we don't have any of that information.
Q. Are there any other way to create a stay, to stop the Hoa?
Q. Will the filing, the rehearing in the Probate, Civil Case against the Hoa to prove up their claimed amount not allow the Hoa to have another Sheriff Sale?
My Mother was on financially struggling on Social Security, we, my husband had to pay her bills except for her her house Payments which didn't leave her very much money left. My husband was paying the Hoa payments and stopped paying.
Q. Would I be able to file a Hardship case with the courts?
hi i need to know how many judgement or lien can be put in on a single asset of a person
Is arbitration in a contract enforceable if a legal issue arises out of a debt that was discharged in bankruptcy?
A discharged debt is done- finito. The question for your attorney would be whether there are other parts to the contract that somehow survived the bankruptcy. They will need to read it to let you know. Go back to your bankruptcy attorney and ask them.