Legal Question in Civil Litigation in Maryland

Stay: Foreign Judgment

I'm the Plaintiff suing the Defendant in civil litigation. My case was scheduled to be heard on a Motion for Sanctions and on its merits. The Defendant, however, filed voluntary petition for Chap. 7 Bankruptcy one week before the case was scheduled to be heard. This action Stayed my civil litigation.

I pursued the Debtor (Defendant)in the U.S. Bankruptcy Crt. I attended the 341 Hearing; conducted a Rule 2004 Examination of the Debtor before Filing an Adversary Proceeding objecting to the discharge of my debt. I represented myself Pro Se.

My debt was induced through fraud. I was able to prove MSRID and prevailed with a Default Judgment. My debt, therefore, was determined non dischargeable.

I was advised to move forward and Fiel a Foreign Judgement in District Crt., which as I understand may take six to eight weeks to be entered by the Court.

I'm not sure I understand what a Foreign Judgment means. What does this mean?

Secondly, what happens to the Stay in District Crt.? Can I or should I request that the case be put back on the dockett in District Crt.?

Respectfully submitted.


Asked on 2/14/00, 3:21 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Stay: Foreign Judgment

A "foreign judgment" means a judgment from a court other than a MD court. If the Bankruptcy Court is in MD, you do not have to treat it as a foreign judgment, but rather you can file a certified copy of the judgment in the Circuit Court where it will be docketed as a lien. This is provided the Bankr. Ct. judgment is a judgment for a specific amount, rather than simply determining that your claim is non-dischargeable. If the latter is the case, you will need to get a judgment for a specific sum in the MD state court (normally the BK ct. judgment would be for a sum certain, but I've seen pro se plaintiffs not realize this and only get a judgment saying the debt is not discharged). You may want to consult with a lawyer regarding your specific circumstances to make sure this is all done right and to ensure you have an enforceable judgment.

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Answered on 2/17/00, 6:10 pm


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