Legal Question in Bankruptcy in New York

Civil Judgements & Bankruptcy

In 1998 I filed under Chapter 7 & it was discharged. Some of the creditors had obtained civil judgements prior to the bankruptcy but these creditors were all included in our filings & discharged. We have since bought a house-these judgements have been there but we were able to show the schedule of creditors & the discharge papers to the bank & title company-and they were ok with that. We are now trying to obtain a home equity loan but were told by the bank that these judgements appear on the title report as liens, with interest on some of them being 8 times the original amount. Our application was denied. I was told these judgements are not enforceable because they have been discharged. How can I get rid of them?


Asked on 1/05/06, 8:41 pm

1 Answer from Attorneys
Richard Feinsilver Richard S. Feinsilver, Esq.

Re: Civil Judgements & Bankruptcy

The judgments can be voided in two ways.

Option one is to reopen your bankruptcy case to void the judgments - the cost for this will be approximately $1,000.00, including the filing fees to reopen the case.

Option two is to try to deal with the creditors on an individual basis to have them vacate the judgments. This option is often time consuming and does not guarantee a 100% result.

If you would like to proceed with Option One, please contact me.

Richard S. Feinsilver, Esq.

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Answered on 1/06/06, 8:33 am


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